Hudson v. McClaskey

For quite a long time, Indiana has held that a buyer of property who discovers a false representation must elect a remedy against the seller: rescission, damages for fraud, or damages for breach of warranty. Reed v. Tioga Manuf. Co. (1879), 66 Ind. 21; Sickels v. Aetna Securities Co. (1942), 220 Ind. 347, 41 N.E.2d 947.

This is not a rule which can be overcome just by drafting a complaint that seeks relief in the alternative, as the majority holds. The purchaser must decide whether he wants to keep the benefit of his bargain *310by asking for damages or to set aside the bargain through rescission.…