Whirlybirds Leasing Co. v. Aerospatiale Helicopter Corp.

BAKER, Justice.

Whirlybirds Leasing Company et al. appeal from an adverse summary judgment. Whirlybirds asserts eight points of error contending that the trial court erred in failing to recognize several disputed issues of fact. We agree with Whirlybirds’ third point asserting that appellee Aerospatiale Helicopter Corporation elected its remedy and therefore reverse and remand.

Whirlybirds Leasing Company-Ill is a partnership consisting of the individuals named as defendants by A.H.C. In November 1979, A.H.C. sold a helicopter to Whirlybirds. Whirlybirds executed a promissory note for the sale…