Phillips v. Arnold

WILSON, Justice.

Appellant’s suit against appellees alleged default by the latter in payment of the purchase price under an executory contract to convey realty, designated as lot 3A, asserting rescission. Alternatively, judgment was sought for the balance due on a note for $1,350 and foreclosure of liens on lot 6A and lot 3A, securing payment of the note. This is a jury case.

At the conclusion of the evidence, the court sustained appellees’ motion to require appellant to elect between the inconsistent remedies of rescission as to the contract of sale, and the action for debt and foreclosure.…