Mueller v. Michels

The following opinion was filed January 15, 1924:

Doerfler, J.

Before the introduction of any evidence defendants’ counsel moved that plaintiffs be required to elect upon which cause of action they desired to rest their case. The court did not rule upon the motion but reserved its ruling, whereupon plaintiffs’ counsel made the following statement, entered upon the record:

“We elect and rely upon the cause of action for equitable rescission, if there is any election necessary.”

A similar motion was made, both at the close of plaintiffs’ evidence and at the close of defendants’ evidence, but no…