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BRUTON v. BLAND

No. 383.

132 S.E.2d 910 (1963)

260 N.C. 429

Martha Brady BRUTON v. Robert R. BLAND, Jr., T/A and Doing Business as Bland Music Store.

Supreme Court of North Carolina.

October 30, 1963.

Attorney(s) appearing for the Case

George W. Gordon, Greensboro, for plaintiff appellant.

Deal, Hutchins & Minor, by Fred S. Hutchins and Edwin T. Pullen, Winston-Salem, for defendant appellee.

PER CURIAM.

When a person discovers that he has been fraudulently induced to purchase property he must choose between two inconsistent remedies. He may repudiate the contract of sale, tender a return of the property, and recover the value of the consideration with which he parted; or, he may affirm the contract, retain the property, and recover the difference between its real and its represented value. He may not do both. Once made, the election is final. The election...

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