Hart v. Walter

In conversions of property of the kind in controversy, the tort may be waived and a suit brought ex contractu Woodward v. Suydam, 11 O., 360; Penn. R. R. v. Peoples, 31 Ohio St., 537; Dean v. Yates, 22 Ohio St., 388.

2. In actions on implied contracts, where there are tortious elements, but the tort is waived, attachment lies. Wade on Attachment, sec. 22; Dean v. Yates, 22 Ohio St., 388; Butler v. Hildreth, 5 Met. (Mass.), 49.

3. The doctrine of election does not apply in this case because none of the actions relied on to show election are inconsistent with defendant’s rights. I concede that a…