Stoltz Realty Co. v. Raphael

How courts have described this case

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

• finding plaintiff “voluntarily waived” its right to recover from defendants under a contract when it “elected the remedy of arbitration against [defendant] and agreed to be bound by the outcome. . .”
• pursuit of one “remedial right to judgment or decree, whether for or against the plaintiff” is a decisive act constituting an election
• “[T]he prosecution of one remedial right to judgment or decree, whether for or against the plaintiff, is a “decisive act which constitutes a conclusive election, barring the subsequent prosecution of inconsistent remedial rights.””

Source: CourtListener parenthetical corpus (CC0).