Nalley Chevrolet, Inc. v. California Bank

Townsend, Judge.

While an election on the part of a plaintiff to affirm a contract of sale by means of a foreclosure against the property as the property of the defendant constitutes such an election of remedies as would bar the plaintiff from later repudiating the contract and bringing an action in trover to recover the property on the theory that title remained in the plaintiff (Kennedy v. Manry, 6 Ga. App. 816 (2), 66 S. E. 29) and the contrary would also be true (that is, an action in trover against the person in possession of the property would bar a later action to foreclose upon the…