Property Exchange & Sales, Inc. v. Garrett, 924 S.W.2d 30 (1996)

A single cause of action may not be split and tried in separate suits. If such splitting is attempted, an adjudication on the merits in the first suit will act as a bar to any subsequent suits. King General Contractors v. Reorganized Church of Jesus Christ of Latter Day Saints, 821 S.W.2d 495 (Mo. banc 1991) [10-13]. The prohibition against splitting a single cause of action serves to protect both the courts and the litigants from the harassment of repetitious litigation. Buder et al. v. Fiske et al., 174 F.2d 260 (8th Cir.1949); Burke v. Doerflinger, 663 S.W.2d 405 (Mo.App.1983) [4]. The test for determining whether a cause of action is single and cannot be split is: 1) whether separate actions brought arise out of the same act, contract or transaction; or 2) whether the parties, subject matter and evidence necessary to sustain the claim are the same in both actions. King General Contractors v. Reorganized Church of Jesus Christ of Latter Day Saints, 821 S.W.2d 495 (Mo. banc 1991) [10-13].