Civil Procedure - Judgments - Exceptions to the Rule of Res Judicata

Authors

William A. Bain, Jr., S.Ed., University of Michigan Law SchoolFollow

Abstract

A land contract provided for a conveyance to Pearson from Adams and his wife. The wife was not a party to the contract and refused to execute the deed. Pearson sought specific performance requesting relief of a type not then available in Illinois and when asked if he would accept a deed from Adams alone, he refused. The action was dismissed. Adams then brought this action in ejectment and Pearson counterclaimed requesting a deed executed by Adams alone. The trial court found that the judgment in the previous action was res judicata as to the counterclaim. On appeal, held, reversed. The equities in favor of Pearson so far outweighed the basic policies of res judicata that the counterclaim was not barred. Adams v. Pearson, 411 Ill. 431, 104 N.E. (2d) 267 (1952).

Recommended Citation

William A. Bain, Jr., S.Ed., Civil Procedure - Judgments - Exceptions to the Rule of Res Judicata, 52 Mich. L. Rev. 289 (1953).
Available at: https://repository.law.umich.edu/mlr/vol52/iss2/7