BHP Petroleum Co., Inc. v. Okie

I agree that the trial court should not have granted partial recision in this case, since Mrs. Okie’s proper remedy was damages. Unlike the majority, however, I would remand to the trial court for a determination of the damages to be awarded her.

I. Procedural Concerns

I part company with the majority in its implication that Mrs. Okie’s “waiver” of *885damages below leaves her without a remedy. The majority takes the position that Mrs. Okie waived damages and is stuck with that waiver. However, the record shows that Mrs. Okie’s waiver was an election of a remedy as distinguished from a real…