Wedgewood Diner, Inc. v. Good

How courts have described this case

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

• explaining, inter alia, that “once a party makes a binding election of one remedy over another, he will be precluded from thereafter maintaining an action on the other”
• party may not seek both rescission and damages; rather, a party must select one of those remedies
• “[T]he adoption, by an unequivocal act, of one of two or more inconsistent remedial rights has the effect of precluding a resort to the others.”
• one can seek either equitable remedy or damages; affirmance of contract allows for legal remedy of recovery of damages
• “[W]here there is nothing more than the mere institution of a suit or proceeding, which is abandoned or dismissed before judgment, there is nothing on which to base an estoppel—no benefit and no detriment.” (quoting 25 Am. Jur. 2d Election of Remedies § 16)
• party cannot obtain both rescission and restitution

Source: CourtListener parenthetical corpus (CC0).