Is a party to a contract in controversy able to continue to sue for damages in a separate action?

California, United States of America


The following excerpt is from Legg v. Mutual Ben. Health and Acc. Ass'n, 184 Cal.App.2d 482, 7 Cal.Rptr. 595 (Cal. App. 1960):

In McManus v. Bendlage, 82 Cal.App.2d 916, at page 923, 187 P.2d 854, 858, it was said: 'One bringing a suit on a cause of action is estopped by the judgment therein from pleading the same matter * * * in a separate action brought against him * * *. A determination in a prior action as to relative rights and duties of a party to a contract in controversy is conclusively fixed by the judgment in so far as such rights and duties were within the issues raised and were actually or by necessary inference adjudicated.'

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