B. J. Shelton Co. v. Theo. Muckle Engineering Co.

A consideration of the complaint herein and the evidence admitted in support thereof, clearly reveals a prima facie case of breach of contract. A right to relief is clearly shown, and the net result of the majority opinion is, that because plaintiff stated that defendants were indebted to it in the amount of $2,450 and prayed for a judgment in that amount, it was an irrevocable election to sue for the purchase price. Only one cause of action existed, which was for breach of contract.

The pertinent parts of the complaint are as follows: “4. That heretofore on or about January 17, 1947, the…