Leon Griffin, Petitioner v. Holiday Inns of America, Respondents

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the earlier take‑nothing judgment is res judicata as to the plaintiff's quantum meruit claim because that claim was a compulsory counterclaim to the defendants' cross‑action under Rule 97. The Court reasoned that the claim could and should have been raised in the first suit, making the later suit barred. A dissent argued that the causes of action are distinct and that the majority improperly applied Rule 97, urging reversal of the judgment.