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WALRAVEN v. MARTIN

Docket No. 58187.

123 Mich. App. 342 (1983)

333 N.W.2d 569

WALRAVEN v. MARTIN

Michigan Court of Appeals.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Lambert, Leser, Hebert & Dahm, P.C. (by John J. Hebert), for plaintiff.

Learman, Peters & Sarow (by William E. Peters), for Kenneth Warner and Warner Realty, Inc.

Before: D.E. HOLBROOK, JR., P.J., and ALLEN and R.L. TAHVONEN, JJ.

ALLEN, J.

Must a plaintiff make an election between inconsistent theories of recovery before proceeding to trial? The trial court, in an order dated June 8, 1981, held yes, requiring plaintiff to elect to proceed in equity against defendants Martin and Samuels for rescission or to proceed against all of the defendants at law for damages resulting from the alleged fraud committed upon him. The action was stayed by the trial court per the parties' stipulation and the...

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