Griffith v. Stout Remodeling, Inc.

The opinion of the court was delivered by

Harman, C.:

This is an action for damages for breach of a contract to repair a roof. Defendant’s motion to dismiss the proceeding was sustained and plaintiff has appealed. The principal issues involve application of the doctrine of election of remedies and res judicata where a litigant has alleged both negligence and breach of warranty in the same incident.

In April, 1969, a hailstorm in Hutchinson damaged the roof of the home of plaintiff Mary B. Griffith. Two days thereafter she entered into a written contract with defendant Stout Remodeling, Inc.…