Brewster Loud Lumber Co. v. General Builders' Supply Co.

Plaintiff sold and delivered to defendant a quantity of lath. The price was $1,679.13, to recover which plaintiff had a single cause of action in assumpsit and no other remedy. Brewster Loud Lumber Co. v. Supply Co., 233 Mich. 633. Mistakenly, plaintiff brought replevin, and nearly half of the lath was taken on the writ, return of which was waived by defendant and it had judgment against plaintiff for value. Brewster Loud Lumber Co. v. Supply Co., 228 Mich. 559. This was mistake, not election of remedy, and plaintiff might still have recovered for the lath but for the fact that it split its…