H & K Automotive Supply Co. v. Moore & Co.

KELLY, Judge.

The plaintiffs, who were lessees of premises owned by the defendants, James W. and Ellen V. Pinkard, appeal the summary judgment entered by the trial court in favor of the Pinkards and the other defendants who were alleged to be the Pinkards’ agents in procuring the lease. The plaintiffs’ primary argument for reversal is that the trial court erred in concluding that there was an election of remedies by the plaintiffs precluding recovery in this law suit. We affirm in part, reverse in part, and remand for trial.

The record reveals the following uncon-troverted facts. In June 1977,…