Batini v. Hoffman

VAN DYKE, P. J. Opinion after rehearing granted. This is an appeal from a money judgment in an action brought upon a- common count for an amount alleged to have been paid by respondents on behalf of the appellants.

The money paid by respondents was paid in satisfaction of a judgment recovered against respondents by one Nelson Rossig. -In that prior action Rossig sued respondents herein, appellants herein, and Marine Electric Company, a corporation, for .the reasonable value of his services in installing on the property of respondents certain refrigeration equipment which respondents had purchased from appellants, and which appellants in turn had purchased from Marine Electric Company. In the Rossig action appellants herein and Marine Electric Company were granted nonsuits at the close of ft'ossig’s case in chief. The action then proceeded against respondents herein, and Rossig obtained a judgment against them. Respondents paid the judgment and then brought this action to recover from appellants the money so paid out by •respondents, alleging it to have been paid out on behalf of appellants and at their request. In response to the common count pleaded against them by respondents the appellants generally denied the allegations of the complaint and pleaded a special defense of res judicata, alleging that in the prior action' brought by Rossig all issues as between respondents and appellants herein, codefendants in the Rossig action, had been litigated, .and that it .had thus been adjudged as between the parties to this action- that any sums that may have been [327]paid by respondents upon the demand of Bossig were as between the parties hereto the sole obligation, of respondents herein and not money laid out for appellants’ benefit.

The judgment roll in the prior action was introduced in evidence at the trial of this action, and an inspection thereof reveals the following: By his complaint Bossig made the following allegations against respondents herein, appellants herein, and Marine Electric Company: That within four years last past the defendants and each of them became indebted to Bossig for services and material and parts furnished them in the installation of a refrigeration system in a building owned by Batini and Massei in Eureka, California, which services, material and parts were of the reasonable value of $641.97. Judgment was prayed against all of the defendants. Bespondents herein answered, denying generally said allegations. Marine Electric Company likewise answered, denying the allegations and alleging affirmatively that it had sold certain machinery and equipment to appellants herein and had shipped the same to Eureka. Appellants herein answered, denying generally said allegations. Upon these pleadings the cause went to trial.