The opinion of the court was delivered by
HARMAN, C.:
This is an action for damages for breach of a contract to repair a roof. Defendant's motion to dismiss the proceeding was sustained and plaintiff has appealed. The principal issues involve application of the doctrine of election of remedies and res judicata where a litigant has alleged both negligence and breach of warranty in the same incident.
In April, 1969, a hailstorm in Hutchinson damaged...
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