Fee & Liddon Co. v. Porter

The opinion of the court was delivered by

Thiele, J.:

This appeal involves the question whether statements contained in a letter constituted an election of remedies.

On January 18, 1933, plaintiff filed a petition alleging that it was a corporation and assignee of the contract herein referred to; that *109on July 20, 1925, defendant Porter entered into a written contract with the Colonial Land Company for purchase of certain real estate in Florida, the contract being fully set out in the petition. By the contract Colonial Land Company sold the real estate to defendant for $3,300, of which $825 was…