Crabtree v. Burkett

KEITH, Justice.

This small case with some large difficulties appears before us for the third time.1 We do not restate more of the facts than *730necessary to bring into focus the legal questions presented. Upon the first trial upon the merits, plaintiff proceeded to judgment upon his theory of rescission, and, as we said on the appeal from that judgment, “elected to abandon the suit for damages.” (433 S.W.2d at p. 10.) Following reversal of the judgment for rescission of the contract, plaintiff amended and sought to recover damages for breach of the contract. Upon the second trial he “elected” to…