Opinion
No. 2013AP804–FT.
2013-10-15
RTS ROOFING, INC., Plaintiff–Respondent, v. GOLDRIDGE GROUP, LLP, Defendant–Appellant.
Id. at 37, 158 N.W.2d 350 (quoting Rowell v. Smith, 123 Wis. 510, 522, 102 N.W. 1 (1905)). Id. (quoting 1 Wisconsin Pleading and Practice, Election of Remedies, 291, 292, § 7.05). The classic example of inconsistent remedies where the doctrine applies is a cause of action attempting both to rescind a contract and to enforce its terms. See id. at 37–38, 158 N.W.2d 350. “It is equally clear, however, that this rule does not apply where there are distinct and independent contracts.” Id. at 38, 158 N.W.2d 350.