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1932

Yale Law School

Declaratory

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Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard Jan 1932

Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard

Faculty Scholarship Series

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the ...