HOWELL v. JAMES

No. 70373.

818 P.2d 444 (1991)

Kennith L. HOWELL, Appellee, v. Pete JAMES, Appellant.

Supreme Court of Oklahoma.

As corrected May 22, 1991.

Rehearing Denied November 4, 1991.


Attorney(s) appearing for the Case

Robert P. Kelly, Kelly & Gambill, W. Robert Wilson, Wilson, Payne & Hampton, Pawhuska, for appellee.

Denzil D. Garrison, William W. Busby, Garrison, Brown, Carlson & Buchanan, Barltesville, Shockley T. Shoemake, Shoemake & Shoemake, Pawhuska, for appellant.


SUMMERS, Justice:

We granted certiorari to review the unpublished opinion of the Court of Appeals which in effect and result upheld the common law doctrine of election of remedies. Because we find this doctrine to be severely limited by the Oklahoma Pleading Code, 12 O.S.Supp. 1984 § 2008(E)(2), we reverse and remand this case to the trial court for further proceedings.

I. FACTS

On July 31, 1984, Howell...

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