Legal Opinion
Schlotthauer v. Krenzelok
Wisconsin Supreme Court
Decided November 7, 1956PublishedCited by 7 opinions
1Opinion of the CourtBroadfoot, J.
In an annotation on the subject of Election of Remedies, appearing in 6 A. L. R. (2d) 15, it is stated:
“The authorities are in conflict as to whether, as a general proposition, a conclusive election of remedies is effected on the one hand by the mere commencement of a suit or on the other hand, only where the suit has been prosecuted to judgment or where elements of estoppel in pais, other than the mere commencement of the suit, are present.”
Such annotation cites the cases of Hildebrand v. Tarbell, 97 Wis. 446, 73 N. W. 53, and Carroll v. Fethers, 102 Wis. 436, 78 N. W. 604, as holding that…
2Cases cited12 opinions
- Friederichsen v. RenardSupreme Court of the United States · 1918
- National Transportation Co., Inc. v. ToquetSupreme Court of Connecticut · 1937
- Rowell v. SmithWisconsin Supreme Court · 1905
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Frederickson v. NyeOhio Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Olympia Hotels Corp. v. Johnson Wax Development Corp.Court of Appeals for the Seventh Circuit · 1990
- CMFG Life Insurance Company v. RBS Securities, IncorporatedCourt of Appeals for the Seventh Circuit · 2015
- Braun v. JewettWisconsin Supreme Court · 1957
- Bank of Commerce v. PAINE, WEBBER, J. & C.Wisconsin Supreme Court · 1968
- Stadler v. RohmWisconsin Supreme Court · 1968
2 more not listed; retrieve them via the Exa API.