Plate & Platter, Inc. v. Wolf

OPINION

ENOCH, Chief Justice.

The Plate & Platter, Inc. (P & P) appeals the trial court’s order granting summary judgment against it in its suit against David B. Wolf. On this appeal, the principal question is whether P & P’s claim is barred under the doctrine of election of remedies, because P & P reached a settlement agreement with another defendant in the law suit. The trial court held that the settlement agreement with the other defendant presupposed facts which were inconsistent with the facts alleged by P & P in its cause of action against the remaining defendant, appellee here, Wolf. The…