Bromberg v. Anthis

OPINION

By the Court,

Badt, J.:

This appeal, as presented by the briefs, involves the question whether a contracting vendor of an automobile, under a title retaining contract, who has sought and obtained a judgment against his contracting vendee for the balance of the purchase price, is barred thereby from seeking a judgment for conversion of the automobile against a purchaser from the contracting vendee. The question presented then is one of election of remedies or, perhaps more accurately stated, of an election to pursue one of two assertedly inconsistent substantial rights.

The original…