election of remedies doctrine in Wisconsin

19 Wisconsin opinions name it 2 courts 1902–2021 1 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Bank of Commerce v. PAINE, WEBBER, J. & C.green wis · 1968 · cited in 8 Wisconsin opinions naming this issue, 1978–2015 2 sentences 2015See Bank of Commerce v. Paine, Webber, Jackson & Curtis, 39 Wis. 2d 30, 36 , 158 N.W.2d 350 (1968) (rationale of the election of remedies doctrine is to prohibit parties from affirming "that a given state of facts exists from which they are entitled to a particular relief and afterward affirm or assume that a contrary state of facts exists, from which they are entitled to inconsistent relief') (citation and quotation marks omitted). ¶ 22. 2015See Bank of Commerce v. Paine, Webber, Jackson & Curtis, 39 Wis. 2d 30, 36 , 158 N.W.2d 350 (1968) (rationale of the election of remedies doctrine is to prohibit parties from affirming "that a given state of facts exists from which they are entitled to a particular relief and afterward affirm or assume that a contrary state of facts exists, from which they are entitled to inconsistent relief') (citation and quotation marks omitted). ¶ 22.	4	8
Tuchalski v. Moczynskigreen wisctapp · 1989 · cited in 3 Wisconsin opinions naming this issue, 1994–2002 2 sentences 2002See Tuchalski v. Moczynski, 152 Wis. 2d 517, 520 , 449 N.W.2d 292 (Ct. App. 1989). 2002See Tuchalski v. Moczynski, 152 Wis. 2d 517, 520 , 449 N.W.2d 292 (Ct. App. 1989).	3	3
Tippit v. Tippitgreen texapp · 1993 · cited in 2 Wisconsin opinions naming this issue, 1994–1994 2 sentences 1994See, e.g., Tippit v. Tippit, 865 S.W.2d 624 (Tex. App. 1993). [8] The policy's business income coverage states in part: A. COVERAGE ..... 1994See, e.g., Tippit v. Tippit, 865 S.W.2d 624 (Tex. App. 1993).	2	2
APPLETON CHINESE FOOD v. Murken Ins.green wisctapp · 1994 · cited in 2 Wisconsin opinions naming this issue, 1996–2012 2 sentences 2012The real purpose of the doctrine is to prevent double recovery." Appleton Chinese Food Serv., Inc. v. Murken Ins., Inc., 185 Wis. 2d 791 , 807, 519 N.W.2d 674 (Ct. App. 1994) (citations omitted). 2012The real purpose of the doctrine is to prevent double recovery." Appleton Chinese Food Serv., Inc. v. Murken Ins., Inc., 185 Wis. 2d 791 , 807, 519 N.W.2d 674 (Ct. App. 1994) (citations omitted).	1	2
Harley-Davidson Motor Company, Incorporated v. Powersports, Incorporated and Powersports of Seminole County, Incorporatedgreen ca7 · 2003 · cited in 1 Wisconsin opinions naming this issue, 2007–2007 2 sentences 2007The court of appeals in Head & Seemann explained that the traditional election of remedies doctrine in a contract action provides that a defrauded party may elect either to rescind 3 the contract and seek rescissory damages 4 or to affirm it and seek damages arising from the breach of contract. 5 Head & Seemann, 104 Wis. 2d at 159 ; see also Harley-Davidson Motor Co. v. PowerSports, Inc., 319 F.3d 973, 988 (7th Cir. 2003). 2007The court of appeals in Head & Seemann explained that the traditional election of remedies doctrine in a contract action provides that a defrauded party may elect either to rescind 3 the contract and seek rescissory damages 4 or to affirm it and seek damages arising from the breach of contract. 5 Head & Seemann, 104 Wis. 2d at 159 ; see also Harley-Davidson Motor Co. v. PowerSports, Inc., 319 F.3d 973, 988 (7th Cir. 2003).	1	1
Peter M. Roberts, Cross-Appellee v. Sears, Roebuck and Company, a Corporation, Cross-Appellantgreen ca7 · 1978 · cited in 1 Wisconsin opinions naming this issue, 2007–2007 2 sentences 2007The election 862 of remedies doctrine has been described as applying where "a certain state of facts relied on as the basis of a certain remedy is inconsistent with, and repugnant to, another certain state of facts relied on as the basis of another remedy." Roberts v. Sears, Roebuck & Co., 573 F.2d 976, 985 (7th Cir.1978), cert. denied, 439 U.S. 860 , 99 S.Ct. 179 , 58 L.Ed.2d 168 (1978) (citations omitted). ¶ 17 The court of appeals in Head & Seemann explained that the traditional election of remedies doctrine in a contract action provides that a defrauded party may elect either to rescind [ 2007*The election of remedies doctrine has been described as applying where "a certain state of facts relied on as the basis of a certain remedy is inconsistent with, and repugnant to, another certain state of facts relied on as the basis of another remedy." Roberts v. Sears, Roebuck & Co., 573 F.2d 976, 985 (7th Cir. 1978), cert. denied, 439 U.S. 860 (1978) (citations omitted). ¶ 17.	1	1
Menard, Inc. v. Liteway Lighting Productsgreen wis · 2005 · cited in 1 Wisconsin opinions naming this issue, 2007–2007 2 sentences 2007See Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98, ¶ 23 , 282 Wis. 2d 582 , 698 N.W.2d 738 . 2007See Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98, ¶ 23 , 282 Wis. 2d 582 , 698 N.W.2d 738 .	1	1
Gross v. Hoffmangreen wis · 1938 · cited in 1 Wisconsin opinions naming this issue, 2005–2005 2 sentences 2005See Gross v. Hoffman, 227 Wis. 296, 300 , 277 N.W. 663 (1938) (only dispositive issues need be addressed). [2] The negligent remodeling claim also named the contractor, Jeremy Slusarek, d/b/a TMJ Remodeling and Construction. 2005See Gross v. Hoffman, 227 Wis. 296, 300 , 277 N.W. 663 (1938) (only dispositive issues need be addressed). [2] The negligent remodeling claim also named the contractor, Jeremy Slusarek, d/b/a TMJ Remodeling and Construction.	1	1
Wills v. Regangreen wis · 1973 · cited in 1 Wisconsin opinions naming this issue, 2005–2005 1 sentence 2005See Wills, 58 Wis. 2d at 345 . ¶16 Applying the election of remedies doctrine here also prevents Minor from obtaining a double recovery. [5] By specific performance, Minor received a remedy that allowed him to obtain his bargained-for purchase price, along with his costs and disbursements, through a deficiency judgment against Jacek.	1	1
First National Bank & Trust Co. of Racine v. Nottegreen wis · 1980 · cited in 1 Wisconsin opinions naming this issue, 1981–1981 2 sentences 1981First National Bank & Trust Co. v. Notte, 97 Wis. 2d 207, 225 , 293 N.W.2d 530, 539 (1980). 1981First National Bank & Trust Co. v. Notte, 97 Wis. 2d 207, 225 , 293 N.W.2d 530, 539 (1980).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
Head & Seemann, Inc. v. Gregg green wisctapp · 1981 2 sentences 2021Then the circuit court asked Mohns: "You want to just go with the conventional contract damages and not the unjust https://whatis.techtarget.com/definition/Schrodingers-cat 5 (explaining Nobel Prize-winning Austrian physicist Erwin Schrödinger's thought experiment presenting the paradox of a cat being both dead and alive at the same time, as a critique of a particular interpretation of quantum mechanics). 27 No. 2018AP71 enrichment[?]" The circuit court, however, confused the principle of election of remedies with pleading in the alternative. ¶50 "The election of remedies doctrine is an equita 2021Then the circuit court asked Mohns: "You want to just go with the conventional contract damages and not the unjust https://whatis.techtarget.com/definition/Schrodingers-cat 5 (explaining Nobel Prize-winning Austrian physicist Erwin Schrödinger's thought experiment presenting the paradox of a cat being both dead and alive at the same time, as a critique of a particular interpretation of quantum mechanics). 27 No. 2018AP71 enrichment[?]" The circuit court, however, confused the principle of election of remedies with pleading in the alternative. ¶50 "The election of remedies doctrine is an equita	2	2007–2021
Gaugert v. Duve green wisctapp · 1998 2 sentences 2002Gaugert v. Duve, 217 Wis. 2d 164, 173 , 579 N.W.2d 746 (Ct. App. 1998). 2002Gaugert v. Duve, 217 Wis. 2d 164, 173 , 579 N.W.2d 746 (Ct. App. 1998).	2	2000–2002
Friederichsen v. Renard green scotus · 1918 2 sentences 1956R. 296, re 6 cently had occasion to review the subject of election of remedies and we quote with approval from the opinion in that case as follows: “The doctrine of election of remedies has been the subject of much adverse criticism by courts and commentators because of the substantial injustice which frequently results from its application. ‘At best this doctrine of election of remedies is a harsh, and now largely obsolete rule, the scope of which should not be extended.’ Friederichsen v. Renard, 247 U. S. 207, 213 , [ 38 S. Ct. 450, 452 , 62 L. 1956R. 296, re 6 cently had occasion to review the subject of election of remedies and we quote with approval from the opinion in that case as follows: “The doctrine of election of remedies has been the subject of much adverse criticism by courts and commentators because of the substantial injustice which frequently results from its application. ‘At best this doctrine of election of remedies is a harsh, and now largely obsolete rule, the scope of which should not be extended.’ Friederichsen v. Renard, 247 U. S. 207, 213 , [ 38 S. Ct. 450, 452 , 62 L.	2	1956–1968
Wickenhauser v. Lehtinen green wis · 2007 1 sentence 2021"The election of remedies doctrine requires a litigant to choose a remedy, where the remedies sought are inconsistent with one another." Wickenhauser v. Lehtinen, 2007 WI 82, ¶16 , 302 Wis. 2d 417 , 34 N.W.2d 855 (citation omitted). ¶51 As this court has previously explained, the election of remedies doctrine applies only to remedies, not claims for relief.	1	2021–2021
Scheideler Ex Rel. Tlusty v. Smith & Associates, Inc. green wisctapp · 1996 2 sentences 2012The circuit court relied on Scheideler v. Smith & Assocs., Inc., 206 Wis. 2d 480 , 557 N.W.2d 445 (Ct. App. 1996), to conclude that the election of remedies doctrine applied. 2012The circuit court relied on Scheideler v. Smith & Assocs., Inc., 206 Wis. 2d 480 , 557 N.W.2d 445 (Ct. App. 1996), to conclude that the election of remedies doctrine applied.	1	2012–2012
Schwabe v. Chantilly, Inc. green wis · 1975 2 sentences 2007Prior to our adoption of the court of appeals opinion in Head & Seemann, we examined the election of remedies doctrine in Schwabe v. Chantilly, Inc., 67 Wis. 2d 267, 269 , 226 N.W.2d 452 (1975). 2007Prior to our adoption of the court of appeals opinion in Head & Seemann, we examined the election of remedies doctrine in Schwabe v. Chantilly, Inc., 67 Wis. 2d 267, 269 , 226 N.W.2d 452 (1975).	1	2007–2007
Head & Seemann, Inc. v. Gregg neutral wis · 1982 2 sentences 2007The election of remedies doctrine is "an equitable principle barring one from maintaining inconsistent theories or forms of relief." Head & Seemann, Inc. v. Gregg, 104 Wis. 2d 156, 159 , 311 N.W.2d 667 (Ct. App. 1981), aff'd and adopted, 107 Wis. 2d 126, 127 , 318 N.W.2d 381 (1982). 2007The election of remedies doctrine is "an equitable principle barring one from maintaining inconsistent theories or forms of relief." Head & Seemann, Inc. v. Gregg, 104 Wis. 2d 156, 159 , 311 N.W.2d 667 (Ct. App. 1981), aff'd and adopted, 107 Wis. 2d 126, 127 , 318 N.W.2d 381 (1982).	1	2007–2007
Fitzgerald v. Intermountain Farmers Ass'n green scotus · 1978 2 sentences 2007The election 862 of remedies doctrine has been described as applying where "a certain state of facts relied on as the basis of a certain remedy is inconsistent with, and repugnant to, another certain state of facts relied on as the basis of another remedy." Roberts v. Sears, Roebuck & Co., 573 F.2d 976, 985 (7th Cir.1978), cert. denied, 439 U.S. 860 , 99 S.Ct. 179 , 58 L.Ed.2d 168 (1978) (citations omitted). ¶ 17 The court of appeals in Head & Seemann explained that the traditional election of remedies doctrine in a contract action provides that a defrauded party may elect either to rescind [ 2007*The election of remedies doctrine has been described as applying where "a certain state of facts relied on as the basis of a certain remedy is inconsistent with, and repugnant to, another certain state of facts relied on as the basis of another remedy." Roberts v. Sears, Roebuck & Co., 573 F.2d 976, 985 (7th Cir. 1978), cert. denied, 439 U.S. 860 (1978) (citations omitted). ¶ 17.	1	2007–2007
Manch v. Arthur green scotus · 1978 1 sentence 2007The election *862 of remedies doctrine has been described as applying where "a certain state of facts relied on as the basis of a certain remedy is inconsistent with, and repugnant to, another certain state of facts relied on as the basis of another remedy." Roberts v. Sears, Roebuck & Co., 573 F.2d 976, 985 (7th Cir.1978), cert. denied, 439 U.S. 860 , 99 S.Ct. 179 , 58 L.Ed.2d 168 (1978) (citations omitted). ¶ 17 The court of appeals in Head & Seemann explained that the traditional election of remedies doctrine in a contract action provides that a defrauded party may elect either to rescind [	1	2007–2007
Seidling v. Unichem, Inc. green wis · 1971 2 sentences 2007The underlying purpose of the doctrine of election of remedies "is to prevent double recovery for the same wrong." Id. 2007The underlying purpose of the doctrine of election of remedies "is to prevent double recovery for the same wrong." Id.	1	2007–2007
House v. Billman green mich · 1954 1 sentence 2003Notte was decided before this court adopted the economic loss doctrine in Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc., 148 Wis. 2d 910 , 437 *66 N.W.2d 213 (1989).	1	2003–2003
Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc. green wis · 1989 2 sentences 2003Notte was decided before this court adopted the economic loss doctrine in Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc., 148 Wis. 2d 910 , 437 N.W.2d 213 (1989). 2003Notte was decided before this court adopted the economic loss doctrine in Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc., 148 Wis. 2d 910 , 437 N.W.2d 213 (1989).	1	2003–2003
Douglas-Hanson Co., Inc. v. BF Goodrich Co. green wisctapp · 1999 2 sentences 2003The court of appeals' decision in Douglas-Hanson Co. v. BF Goodrich Co., 229 Wis. 2d 132 , 598 N.W.2d 262 (Ct. App. 1999), was based in part upon a misinterpretation of the election of remedies doctrine. 2003The court of appeals' decision in Douglas-Hanson Co. v. BF Goodrich Co., 229 Wis. 2d 132 , 598 N.W.2d 262 (Ct. App. 1999), was based in part upon a misinterpretation of the election of remedies doctrine.	1	2003–2003
Stadler v. Rohm green wis · 1968 2 sentences 2000The Wanats rely on Gaugert v. Duve, 217 570 Wis. 2d 164, 579 N.W.2d 746 (Ct. App. 1998), which, in turn, relies on Stadler v. Rohm, 40 Wis. 2d 328 , 161 N.W.2d 906 (1968), for an explanation of the doctrine precluding the election of two inconsistent remedies. 2000The Wanats rely on Gaugert v. Duve, 217 570 Wis. 2d 164, 579 N.W.2d 746 (Ct. App. 1998), which, in turn, relies on Stadler v. Rohm, 40 Wis. 2d 328 , 161 N.W.2d 906 (1968), for an explanation of the doctrine precluding the election of two inconsistent remedies.	1	2000–2000
Schlotthauer v. Krenzelok green wis · 1956 2 sentences 1968In Schlotthauer v. Krenzelok (1956), 274 Wis. 1, 6 , 79 N. W. 2d 76 , the court quoted the New Hampshire Supreme Court with approval: “ ‘The doctrine of election of remedies has been the subject of much adverse criticism by courts and commentators because of the substantial injustice which frequently results from its application. 1968In Schlotthauer v. Krenzelok (1956), 274 Wis. 1, 6 , 79 N. W. 2d 76 , the court quoted the New Hampshire Supreme Court with approval: “ ‘The doctrine of election of remedies has been the subject of much adverse criticism by courts and commentators because of the substantial injustice which frequently results from its application.	1	1968–1968
Warren v. Landry neutral wis · 1889 1 sentence 1902Warren v. Landry, 74 Wis. 144 , 42 N. W. 247 ; Crook v. First Nat.	1	1902–1902
Dorothy v. Peck neutral wis · 1889 1 sentence 1902Warren v. Landry, 74 Wis. 144 , 42 N. W. 247 ; Crook v. First Nat.	1	1902–1902

Statutes the citing opinions construe

WI § Wis. Stat. § 805.14 (3) WI § Wis. Stat. § 805.17 (3) WI § Wis. Stat. § 806.07 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 102 (1913–2025) IL 49 (1920–2025) NY 49 (1904–2026) FL 44 (1907–2024) CA 41 (1923–2025) TN 28 (1934–2025) MO 26 (1942–2025) AR 22 (1958–2021) IN 22 (1916–2010) MN 21 (1933–2019) MI 21 (1908–2026) NC 21 (1957–2025) PA 20 (1978–2024) NM 19 (1943–2021) WI 19 (1902–2021) RI 17 (1962–2026) IA 15 (1906–2015) WA 14 (1938–2025) SC 14 (1987–2021) NE 11 (1906–2025) CT 11 (1947–2024) MD 11 (1959–2024) UT 10 (1979–2026) OK 10 (1926–2020) MS 9 (1908–2012) GA 9 (1942–2017) AZ 9 (1975–2018) KY 9 (1932–2023) NJ 8 (1938–1985) OH 8 (1979–2023) KS 8 (1909–2021) DC 6 (1991–2023) DE 6 (1963–2020) SD 6 (1932–2018) ME 5 (1955–2012) ID 5 (1917–2026) HI 4 (1995–2008) OR 4 (1970–2022) WY 4 (1924–2012) LA 4 (1980–1993) AL 3 (1979–1989) MT 3 (1990–1993) ND 2 (1988–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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