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SMITH v. BRINK

385 Pa.Super. 597 (1989)

561 A.2d 1253

Rodney SMITH, Lyman Smith and Marion Smith, Appellants, v. Donald BRINK, James Baldwin, Anthony Basehore and Swatara Township, Appellees.

Supreme Court of Pennsylvania.

Filed July 13, 1989.

Attorney(s) appearing for the Case

Spero T. Lappas, Harrisburg, for appellants.

Frank J. Lavery, Jr., Harrisburg, for appellees.

Before ROWLEY, POPOVICH and JOHNSON, JJ.

POPOVICH, Judge:

This appeal from an order of the Court of Common Pleas of Dauphin County presents an opportunity to explain the doctrine of election of remedies as it applies to a plaintiff's choice of pursuing a contract action for breach of a settlement agreement or litigating the underlying claim. Applying the doctrine of election of remedies, the lower court herein sustained the appellees' demurrer and dismissed the appellants' complaint alleging breach of a...

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