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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Property Exchange & Sales, Inc. v. Garrett, 924 S.W.2d 30 (1996)

Citation
Property Exchange & Sales, Inc. v. Garrett, 924 S.W.2d 30 (1996)
Parent Document
Property Exchange & Sales, Inc. v. Garrett, 924 S.W.2d 30 (1996)
Jurisdiction
Missouri (state)
Effective Date
1996-06-04

Full Text

852 chars
In the present case, although plaintiff claims that this suit is merely to recover from defendants on their dishonored check, and is unrelated to the previous litigation, defendants in fact wrote this cheek to plaintiff as payment for its security deposit. This is the same security deposit that was the subject of all the prior litigation between the plaintiff and defendants. The check was issued prior to the filing of the first of plaintiffs petitions. The present suit and the prior litigation arose out of a single rental contract between plaintiff and defendants. As matters arising out of this same rental contract have previously been adjudicated on the merits in King II supra, and Property Exchange & Sales v. Gochberg, supra, further causes of action on the contract are barred. The trial court did not err in sustaining defendants’ motion.