Baker v. Wade

I concur. I write separately to emphasize the need to timely make election of inconsistent remedies.

In this case, at the close of all the evidence, procedures were established permitting the parties to submit written suggestions for the trial court’s consideration in deciding the case. Defendants’ attorney, ap*203parently recognizing the plaintiffs’ obligation to elect among inconsistent remedies they pleaded, suggested that plaintiffs file their suggestions first. Defendants’ attorney told the trial court, “I need to see which theory he’s going [sic] and which theory he’s abandoning and then…