Smith v. Brink

POPOVICH, Judge:

This appeal from an order of the Court of Common Pleas of Dauphin County presents an opportunity to explain the doctrine of election of remedies as it applies to a plaintiffs choice of pursuing a contract action for breach of a settlement agreement or litigating the underlying claim. Applying the doctrine of election of remedies, the lower court herein sustained the appellees’ demurrer and dismissed the appellants’ complaint alleging breach of a settlement agreement by the appellees. Though we find that the trial court’s reliance on the doctrine of election of remedies was…