Hause v. Schesel

This case, as to the matters covered by this appeal, involves two causes of action brought in the alternative. One is based on the law of contracts. The other on the law of torts. The complaint is an either/or proposition, and there is nothing wrong with that. - However, the result must follow the request in being founded either on contract or tort liability. It is either fish or fowl, not both.. What is puzzling to us, although the point seems not to have been raised at. the trial court level nor before us, -is that-the jury verdict appears to combine the two causes of action. At least the…