Isaac v. Intercoast Sales Corp.

While the principal question before the court in this case concerns the jurisdiction of the Court of Appeals, first we shall give consideration to 'the claim of the defendant that the Common Pleas Court erred in overruling the defendant’s motion to strike the amended petition from the files. The defendant maintains that the amended petition represented a new cause of action and that there had been an election of remedies by the plaintiff when he filed the original petition. The question of election of remedies has been before this court a number of times, but the principle running through all…