Selvig v. Blockbuster Enterprises, LC

4 41 I reluctantly dissent. In my view, the plain language of the Contract provides that the election of remedies clause applies when a party is in default under the contract. Blockbuster was in default under the terms of the Contract when it failed to pay amounts due as required by the parties' agreements. Because Blockbuster was in default, the Sel-vigs were required to return Blockbuster's earnest money before bringing a suit for breach of contract. I would conclude that the district court correctly determined that by failing to return the earnest money, the Selvigs elected their remedy,…