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Supreme Court· 6/3/1918

Friederichsen v. Renard

Citations

  • 247 U.S. 207
  • 38 S. Ct. 450
  • 62 L. Ed. 1075
  • 1918 U.S. LEXIS 1974

Syllabus

<p>Plaintiff, having been defrauded in an exchange of lands, sued in the District Court to annul his contract and deed and for incidental damages. The court finding that by acts of ownership he had affirmed the contract, by its order, under Equity Rule 22, transferred the case to the law side as an action for damages for the deceit, and the bill was amended accordingly butwith no substantial change in the allegations of fraud. Meanwhile, the period of the statute of limitations had expired.</p> <p>Held: (1) That the amendment did not change the cause of action and did not constitute the beginning of a new case.,</p> <p>(2) That, since the money relief prayed in the amended petition could properly have been sought as alternative relief in the original bill in equity, and since the transfer to the law side was made upon order of the court in the exercise of its discretion, plaintiff could not be held to have made such an election of inconsistent remedies as would let in the defense of limitations against the amended demand.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “At best this doctrine of election of remedies is a harsh, and now largely obsolete rule, the scope of which should not be extended . . . .”
  • “At best this doctrine of election of remedies is a harsh, and now largely obsolete rule, the scope of which should not be extended_”
  • “At best this doctrine of election of remedies is a harsh, and now largely obsolete rule, the scope of which should not be extended-”
  • plaintiff was not entitled to equitable relief but had remedy at law for damages

Source: CourtListener parenthetical corpus (CC0).

Judges: Clarke

Read full opinion on CourtListener

Cited by

108 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

Other cases named Friederichsen v. Renard

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

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