Konnerup v. Allen

Citations

• 56 Wash. 292
• 105 P. 639
• 1909 Wash. LEXIS 891

Syllabus

<p>Appeal — Dismissal—Cessation op Controversy — Election of-Remedies — Sales—Breach of Warranty. Tbe vendees of shingle-bolts, having elected to repudiate the contract and hold the bolts subject to the vendor’s order, for alleged breach of warranty, cannot, after adverse judgment against them for the price and appeal' to the supreme court, cut up'-'the bolts into shingles and preserve their rights in the action,; and the appeal will be dismissed because-the subject-matter of the action has ceased to exist.</p>