Scull v. Reiley

Dissenting Opinion by

Mr. Justice Maxey :

I agree with the majority opinion that “where an agreement is drawn in the alternative and gives the lessor, or seller under a conditional sales contract, the right either to repossess the property upon default, or to collect the rental, or the unpaid purchase price, such lessor, or seller, can either collect the amount due under the terms of the agreement in affirmance thereof, or rescind the contract and repossess the property, but he cannot do both” (citing cases). I also agree, as stated by the majority opinion: “It is equally well established . . .…