Hollenberg Music Co. v. Bankston
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy FulJc, Judge; STATEMENT BY THE COURT. The appellant brought suit in replevin before a justice of the peace for a piano, sold by it to the appellee, and a judgment was rendered in its favor, in the alternative for $123.20, with interest and cost, or the return of the piano.
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Appeal from Pulaski Circuit Court, Second Division ; Guy FulJc, Judge; STATEMENT BY THE COURT. The appellant brought suit in replevin before a justice of the peace for a piano, sold by it to the appellee, and a judgment was rendered in its favor, in the alternative for $123.20, with interest and cost, or the return of the piano. The cause was appealed to the circuit court, where there was a directed verdict for the appellee, and the appellant has appealed from the judgment rendered in that cause. There is no serious controversy about the facts, and they appear to be as follows: Appellant sold…
1Opinion of the Court
Smith, J„,
(after stating the facts). When a debt, secured by a reservation of title, matures, the vendor has the right to retake the property and thus cancel the debt, or he may bring his action to recover the debt, and thus affirm the sale and waive the reservation of title; and as a general rule, the choice of inconsistent remedies abandons and debars the pursuit of any except the one chosen. Dudley E. Jones v. Daniel, 67 Ark. 208. But this choice of remedies is to be exercised in the event only that the vendor decides to take some affirmative action. He is not required to act simply…
2Cases cited1 opinion
- National Cash Register Co. v. RileySuperior Court of Delaware · 1909
3Cited by5 opinions
- General Motors Acceptance Corp. v. HicksSupreme Court of Arkansas · 1934
- Gordon Hollow Blast Grate Co. v. ZearingSupreme Court of Arkansas · 1917
- Franklin Sav. Bank of Franklin v. GarotCourt of Appeals for the Eighth Circuit · 1934
- Summers v. Carbondale Machine Co.Supreme Court of Arkansas · 1915
- Woodsmall v. GeorgeSupreme Court of Arkansas · 1964