Thompson v. Phillips

Ed. F. MoFaddin, Associate Justice.

This appeal presents a question concerning election of remedies. The Trial Court was of the view that the appellant — by certain allegations in the original complaint — -had elected to release the appellee. Accordingly the appellant’s complaint was dismissed; and this appeal ensued.

On June 8, 1953 appellant (Thompson) filed the present action against L. A. Phillips individually and also against North Webster Parish Lease and Oil Company, Inc., an Arkansas corporation, hereinafter referred to merely as “Corporation.” The original complaint alleged that L. A.…