Ireland v. Waymire

Citations

• 107 Kan. 384
• 191 P. 304
• 1920 Kan. LEXIS 82

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conversion op Property — Effect of Election of One of Two Inconsistent Remedies. Where property is wrongfully obtained from the owner by another and converted to his own use, the former owner has two remedies open to him, one to treat the title as having passed, and sue for its value, and the other to sue for the recovery of the specific property, and when, with knowledge of the facts, he sues for the value of the property converted, the electipn is complete, and the other remedy is no longer available to him.</p> <p>2. Same — Dismissal of Action — Does Not Avoid the Election. The fact that the first action did not proceed to judgment, but was dismissed, does not avoid the effect of the election. The commencement of an action or any decisive act of a party determines the election and gives finality to it, regardless of its result.</p>