Rudnitski v. Seely

OPINION

RANDALL, Judge.

This is an appeal from a summary judgment. The trial court ruled that the election of remedies doctrine precludes a vendor of real property from asserting a claim for waste to that property once the vendor has cancelled the contract and recovered the property. The trial court also ruled that the election of remedies doctrine precludes an action for conversion of personal property following cancellation of a contract for deed. We reverse and remand for trial on the merits.

FACTS

On August 20, 1980, respondent Elizabeth Seely (the buyer) executed a contract for deed with…