Willingham v. Morris Plan Bank

The majority opinion is predicated squarely upon an application of the harsh doctrine of the election of remedies to the situation arising in the present case, and therefore the court holds that the plaintiff is barred from pursuing the present action in tort (which is based on the alleged fraud and deceit of the defendant as an indorser, in misrepresenting his age to the plaintiff as a lender, thereby inducing the plaintiff to make the loan to the borrower and to part with its money), because of the institution by the plaintiff of a former suit against the defendant to enforce the contract,…