Ikle v. Ikle

The question presented is whether a motion will lie before answer to compel a plaintiff to elect between several alleged inconsistent and mutually exclusive causes of action.

Of the five causes of action pleaded, the first two only are involved. The first is to the effect that on or about January 16,1939, defendant Max Ikle borrowed from plaintiff the sum of $10,000 payable with interest upon demand, for which sum judgment is requested.

Apparently by way of anticipation of a defense, there are further allegations in this cause of action to the effect that on or about January 28,1939, said…