Central Trust Co. v. Adams

Citations

• 107 Kan. 126
• 190 P. 755
• 1920 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale — Goods on Credit — Installment Notes — Partial Payments — Default As to Balance — Resale of Goods by Seller — Election of Remedies. Goods were sold on credit, installments of the price were represented by promissory notes, title passed to the buyer, possession remained with the seller, and delivery was to be made on full payment of the price. The buyer paid some of the notes, and then defaulted. The seller, after notice to the buyer, resold the goods in proper manner, and applied the proceeds to satisfaction of the oldest dishonored notes. Two notes remained unpaid. The buyer died, and the unpaid notes were presented as claims against his estate. The administrator of the estate then sued the seller for the portion of the price which the buyer had paid. Held, the seller’s election to resell constituted an election of remedy, the unpaid notes, which represented price, were abandoned as.causes of action, and the seller was limited to an action for damages to complete his relief. - Held further, the effort of the seller to recover on the notes did not recall his election, and did not constitute an election of remedy which enabled the administrator to maintain his action.</p>