Thompson and Taylor v Ross - [1943] NZLR 712

Estoppel — Res Judicata — Estoppel on Matter of Fact — Two Actions based on Same Transaction — Sale of Farm and Representations thereon — Summons to dismiss Second Action or Strike out Paragraph of Statement of Claim therein — Verbal Representation Prior to Contract alleged in First Action — Written Warranty in Contract alleged in Second — Whether same Cause of Action — Verbal Representations Prior to Contract alleged in First Action — Verbal Warranty Collateral to Contract for Sale alleged in Second — Whether Plaintiffs estopped by Finding of Facts — Whether Court may look at Judgment and Notes of Evidence to ascertain Issues and Decision — Code of Civil Procedure, R 115.