Roullard v. Rosenberg Bros. Co.

Plaintiffs appeal herein on the judgment-roll alone from a judgment in favor of defendant in an action to recover damages for the wrongful conversion of a certain crop of peaches. The only question involved upon the appeal is whether or not the doctrine of election of remedies was applicable to this case, and, if so, whether or not the defendaht was entitled to rely upon it as a defense to the cause of action.

Briefly stated the facts were these: In October, 1919, appellants, who were the owners of a certain vineyard and orchard in Fresno County, entered into an executory contract to sell the…