Fuller-Warren Co. v. Harter
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wauke-sha county: M. S. G-eiswold, Judge. Action for a wrongful conversion of personal property. The trial was by the court.
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Appeal from a judgment of the county court of Wauke-sha county: M. S. G-eiswold, Judge. Action for a wrongful conversion of personal property. The trial was by the court. The findings were to the effect. that in 1894 plaintiff sold and delivered to Ann T. Shurts a No. 290 Fuller & Warren hot-air furnace and the necessary connections for use in heating her dwelling house, and caused the same to be set up therein under a contract guaranteeing the capacity thereof to heat such house to a specific temperature under specified conditions, and providing that, in the event of a failure so to do and…
1Opinion of the CourtIVTAR.sua TTi, J.
The first point made by appellant, that is deemed sufficiently important to be worthy of consideration, is that plaintiff, having elected to sue upon the contract when a way was open to treat it as at an end and to take the property in controversy, was legally bound thereby, and that the trial court should have so held by dismissing this action. The rule is quite familiar that a person cannot have the benefit of two inconsistent remedies or causes of action; that when there are such, either of which will remedy the wrong against him, the choice of one forever waives the other. Many…
2Cases cited34 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Binkley v. ForknerIndiana Supreme Court · 1889
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
- Kinney v. . KiernanNew York Court of Appeals · 1872
29 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Rowell v. SmithWisconsin Supreme Court · 1905
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Zimmerman v. Robinson & Co.Supreme Court of Iowa · 1905
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
48 more not listed; retrieve them via the Exa API.