Rumbos v. Singos

This is a second appeal after this Court had vacated a judgment for the defendants on a directed verdict and granted plaintiff a new trial. Rumbos v. Singos, 326 Mich 654.

On the record before us on the first appeal the plaintiff’s declaration had joined claims of fraud, duress, and lack of consideration with the common counts, in an assumpsit action. The trial court erred in requiring the plaintiff to elect between the claims of fraud and lack of consideration, and in excluding testimony as to plaintiff’s claims based on tort, thus limiting recovery to plaintiff’s claims on the common counts.…