Pemrock, Inc. v. Essco Co.

Involved in this appeal are the pertinence of the doctrine of election of remedies and of the collateral source rule, and the effect of a release in favor of all of mankind.

Pemrock, Inc. of Wicomico County, engaged Essco Co., Inc., to erect two prefabricated poultry houses of a design which eliminated most vertical supports, supplied by Anderson Box Company, Inc. About a year after Pemrock had accepted the houses from the builder and begun to use them, a storm with strong winds and heavy snow struck and soon the houses collapsed with great resultant damage. The New Castle Mutual Insurance Co.…