Does a party have to bring forward a claim in a separate action for damages arising out of the same transaction?
MultiRegion, United States of America
The following excerpt is from United States v. Pan-American Petroleum Co., 55 F.2d 753 (9th Cir. 1932):
Decisions sustaining this view are numerous. In Cromwell v. County of Sac, 94 U. S.
[55 F.2d 780]
351, 356, 24 L. Ed. 195, the court said: "Various considerations, other than the actual merits, may govern a party in bringing forward grounds of recovery or defense in one action, which may not exist in another action upon a different demand, such as the smallness of the amount or the value of the property in controversy, the difficulty of obtaining the necessary evidence, the expense of the litigation, and his own situation at the time. A party acting upon considerations like these ought not to be precluded from contesting in a subsequent action other demands arising out of the same transaction."[55 F.2d 780]
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