Sands v. Comerford

When the plaintiff instituted his action he was confronted with the choice of suing on his contract and recovering all the damages that he had sustained which arose out of the violation of the contract, fraudulently or otherwise, or for fraud for inducing him to enter into the contract, under which claim he could recover all the damages which grew out of the fraud. He could not take both positions and sue on the contract and in repudiation of it. Such a course would be inconsistent and is not a mere technical question of procedure but goes to a matter of substance. He *105was required to make Ms…