Redi-Floors, Inc. v. Sonenberg Co.

I concur with Division 1 of the majority opinion that the court clearly erred in directing a verdict in favor of the Sonenberg Company. I dissent, however, as to Division 2, because I believe that Redi-Floor’s decision to obtain a judgment against Manor Associates Limited Partnership has rendered the error harmless. Redi-Floors had the right, as do all plaintiffs, to pursue mutually exclusive remedies prior to the verdict; but once Redi-Floors procured a judgment order which was reduced to writing against Manor Associates, that constituted an election of alternative remedies that precluded…