EQUITY - ELECTION OF REMEDIES - PROOF OF CLAIM IN RECEIVERSHIP
Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's attorney and the prospect of a 100 per cent dividend when the claim was filed did not explain the election so as to avoid its finality. Bailey v Bailey, 263 Mich. 137, 248 N. W. 574 (1933).
EQUITY - ELECTION OF REMEDIES - PROOF OF CLAIM IN RECEIVERSHIP,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol32/iss4/16