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GEORGIA POWER CO. v. FOUNTAIN

17177.

207 Ga. 361 (1950)

61 S.E.2d 454

GEORGIA POWER COMPANY v. FOUNTAIN et al.

Supreme Court of Georgia.

Rehearing Denied October 13, 1950.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, E. D. Smith Jr., and Harry S. Baxter, for persons at interest, not parties.

Victor Davidson, Jackson & Jackson, and Frank O. Evans, contra.

G. S. Peck, J. Walter Mason, Augustine Sams, Harold Sheats, Josiah T. Rose, Walter McElreath, and Grisby H. Wotton, for persons at interest, not parties.

CANDLER, Justice.

(After stating the foregoing facts). This case involves the doctrine of election of remedies and the principle of estoppel resulting therefrom. Beard v. Beard, 197 Ga. 487 (29 S.E.2d 595). Estoppel by election results where a choice is exercised between inconsistent remedies. Chapple v. Hight, 161 Ga. 629 (131 S. E. 505). The election and prosecution of an available remedy is a bar to the pursuit later of an inconsistent...

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