Rudnitski v. Seely

KELLEY, Justice.

This case presents us with two issues: (1) whether an action alleging that a contract for deed vendee had committed waste survives the vendor’s cancellation of the contract, and, (2) whether a contract for deed vendor can maintain an action after its cancellation for conversion of personal property which was not described in the contract for deed. In granting the contract vendees summary judgment, the trial court ruled that the election of remedies doctrine prevented the maintenance of actions on both claims. In reversing, the court of appeals panel held that the action for…