Altom v. Hawes
Appellate Court for the Fifth District of Illinois
380 N.E.2d 7 (1978)
Relevant factsFree
Janice Altom (plaintiff) won a $1,500 money judgment against her husband for wrongfully selling her separately-owned furniture to the Haweses (defendants) in violation of a separation agreement, but never collected on that judgment before separately suing the Haweses in replevin to recover the actual furniture; the trial court granted the Haweses summary judgment on the theory that Janice had already elected her remedy by pursuing the money judgment.
IssueFree
Whether the doctrine of election of remedies applies before the other party has materially changed his position in reasonable reliance upon the remedy sought.
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