ROBERT M. MARTIN, Judge.
The plaintiff asserts on appeal that the trial court erred in finding that the consent judgment of 9 July 1980 constituted res judicata as to the second claim of the February 1981 action which resulted in summary judgment for the defendant. We agree with plaintiff.
The general rule in North Carolina is that a "judgment on the merits is conclusive not only as to matters actually litigated and determined, but also as to all matters properly...
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