Georgia Power Co. v. Fountain

Candler, Justice.

(After stating the foregoing facts). This case involves the doctrine of election of remedies and the principle of estoppel resulting therefrom. Beard v. Beard, 197 Ga. 487 (29 S. E. 2d, 595). Estoppel by election results where a choice is exercised between inconsistent remedies. Chapple v. Hight, 161 Ga. 629 (131 S. E. 505). The election and prosecution of an available remedy is a bar to the pursuit later of an inconsistent one. Hardeman v. Ellis, 162 Ga. 664 (135 S. E. *366195). An election of remedies has been defined as the choosing between two or more different and…