JUDGMENTS - CONCLUSIVENESS OF JUDGMENT AS AGAINST PERSONS LIABLE OVER TO ORIGINAL DEFENDANT - APPLICABILITY TO CASES OF RESALE OF DEFECTIVE CHATTELS

The doctrine of res judicata against persons liable over who are given notice and opportunity to defend has received frequent application to cases of indemnitors, reinsurers, parties to bills and notes, covenantors of title in warranty deeds, and cases where the parties bore the relationship of principal and surety, master and servant, principal and agent, and landlord and tenant. While the rule has been applied without exception to cases of breach of warranty of title to chattels, it has apparently seldom been urged as applicable to other warranties, such as warranties of soundness and merchantability, for only five decisions can be found bearing on such questions.