223 F. 723 | 6th Cir. | 1915
(after stating the facts as above).
Another requisite of a binding election is that the two things between which choice is made should be inconsistent with each other,. We do not find such inconsistency between the earlier mere assertion 'of a personal claim against the Keck Company and the present reliance upon the right to get payment out of a particular fund; and this leads us to what we think the controlling feature.
Because we regard this as the proper interpretation of the order, and because the action appealed from was in full accord with that interpretation, we think it unnecessary to decide the other questions argued ; and the order of the court below is affirmed, with costs.