Legal Opinion

Harms v. Stier

Appellate Court of Illinois

Decided January 11, 1894Published

Memorandum.—Trespass to personal property. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the October term, 1893, and reversed.

1Opinion

JMb. Justice Gaby,

opinion on eeiieaeing.

Election among alternative, or as they are usually called, concurrent remedies, which once made, is irrevocable, has place under a great variety of circumstances.

The most frequent in practice is where a party having a right to rescind a contract, and having knowledge of the facts which give him the right to rescind, brings an action upon the contract, thereby ratifying it, he can not thereafter rescind, and vice versa.

In Flower v. Brumbach, 131 Ill. 646, same case with title reversed, 20 Ill. App. 219, this doctrine is recognized, but the case held not…

2Cases cited9 opinions

  1. Morris v. . RexfordNew York Court of Appeals · 1859
  2. Moller v. . TuskaNew York Court of Appeals · 1881
  3. Rodermund v. . ClarkNew York Court of Appeals · 1871
  4. Dyckman v. SevatsonSupreme Court of Minnesota · 1888
  5. Flower v. BrumbachIllinois Supreme Court · 1890

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