Weeke v. Reeve

Citations

• 65 Fla. 374
• 61 So. 749

Syllabus

<p>1. Where a party elects to adopt one of two inconsistent remedies, he cannot afterwards pursue the other, even though he fails in the remedy elected and used.</p> <p>2. Where the election of a remedy assumes the existence of a particular status or relation of the party to the subject-matter of litigation, the party cannot afterwards pursue another remedy by which he assumes a different and inconsistent status or relation to the subject-matter.</p> <p>3. If a party is injured by the purchase of land because of the fraudulent misrepresentations of the vendor, the vendee may be redressed by a rescission of the conveyance in equity or by the recovery of damages in an action at law. These remedies are co-existent and inconsistent, and the election of one is a bar to the use of the other.</p>