Kaestner v. Kuechle

At the very threshold of this case lies the issue whether the plaintiff is bound by his election of a remedy in such a manner as to estop him from pursuing the statutory action provided for by sub. (3), sec. 180.06, Stats. Defendants argue that the plaintiff is so estopped, and rely upon the following authorities, to wit: Clausen v. Head, 110 Wis. 405, 85 N. W. 1028; Blum Bros. Box Co. v. Stumbaugh, 189 Wis. 254, 207 N. W. 270; Smeesters v. Schroeder, 123 Wis. 116, 101 N. W. 363.

Sub. (3), sec. 180.06, provides as follo'ws:

“No such corporation shall transact business with any others than its…