Bedinger v. Stevie

Citations

• 27 Ohio C.C. Dec. 393

Syllabus

<p>ACTIONS — CONTRACTS—ELECTION.</p> <p>Sayre, Merriman and Walters, JJ.</p> <p>(Judges of the 4th district sitting by designation.)</p> <p>1. Party Obtaining Judgment on Contract cannot Deny Binding Effect thereof.</p> <p>In an action upon a contract, the party who defends the contract and obtains judgment thereunder cannot thereafter say that the contract is not binding on him because the other party failed to fulfill his part in some minor respect.</p> <p>2. Party Electing Remedy to which He was not Entitled not Precluded from Resorting to Proper Remedy.</p> <p>An election of remedies presupposes the existence of more than one remedy, and where it developes that as a matter of fact the plaintiff was mistaken in the belief that he had two remedies, his attempt to avail himself of one to which he was not entitled does not preclude him from resort to the remedy which the law gives him.</p> <p>[Syllabus by the court.]</p>