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Waterhouse v. Levine

Supreme Massachusetts

65 N.E. 822 (1903)

Relevant factsFree

Waterhouse (plaintiff) sued Levine (defendant) for breach of a credit-sale contract before the credit period had actually expired, and that first suit resulted in judgment for Levine solely because it was filed prematurely; after the credit period expired, Waterhouse refiled the same claim and won $336.04, and Levine argued the earlier judgment barred the second suit under claim preclusion.

IssueFree

Whether a judgment that was not rendered on the merits bars a subsequent action between the same parties on the same cause of action.

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