Star Drilling Machine Co. v. Richards

Citations

• 272 Pa. 383
• 116 A. 309
• 23 A.L.R. 1460
• 1922 Pa. LEXIS 834

Syllabus

<p>Gontract — ■Sale—Payments—Inconsistent recoveries — Election of remedy — Principal and surety.</p> <p>1. Where a contract provides that payments for merchandise delivered shall be made from time to time, the title thereto to remain in the payee until a certain amount has been paid, and the latter thereafter retakes possession of the property, his right to receive future payments at once ceases.</p> <p>2. This rule is applicable though suit to recover the payments was begun before the property was taken by the payee.</p> <p>3. A litigant who is entitled to either one of two inconsistent recoveries, cannot by his order of procedure obtain the right to both.</p> <p>4. lie who elects to disaffirm a contract, and acts upon his election, cannot afterwards affirm it to the injury of another; this is particularly true where the latter is a surety.</p>