Rose v. Rundall

Citations

• 86 Wash. 422
• 150 P. 614
• 1915 Wash. LEXIS 1007

Syllabus

<p>Election op Remedies — Vendor and Purchaser — Contract — Breach — Inconsistent Concurrent Actions. Where a vendor brought suit for the first installment due upon a contract for the sale of land, and prior to trial, prosecuted to judgment a second suit to forfeit the contract and quiet title for nonpayment of the second installment, the second action was an election of remedies and an abandonment of the previous pending action for the securing of unpaid purchase money; since the remedies were inconsistent and cannot be presented concurrently as accumulative remedies.</p>