LERNHART, J. pro tem.
This is an appeal from an order and judgment dismissing appellant's action on the ground that the subject matter of the controversy had been litigated on its merits in a prior municipal court action.
On September 28, 1954, Robert A. Folden, E.H. Hodges and Jasper Bono, doing business as the Trio Food Center, filed an action in the Municipal Court for the San Jose-Alviso Judicial District alleging the defendant...
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