Fenstermaker v. Elwood

Defendant, Randy J. Elwood, appeals from a judgment of the Hancock County Court of Common Pleas and raises four assignments of error as follows:

“I. The trial court erred in granting a judgment for damages in favor of the plaintiff, where plaintiff elected recision [sic] as his sole and only remedy.

“II. The trial court erred in granting plaintiff a money judgment for damages upon his complaint under the theory of promissory estoppel, for the reason that neither equitable estoppel nor promissory estoppel can constitute the basis for recovery by a plaintiff who alleges damages by virtue of…