Circuityof Action

Circuity of Action is where a litigant by an indirect and circuitous course of proceeding makes two or more actions necessary in order to obtain the rights of all parties interested, which by a more direct course he might have attained in a single action. For example, where a defendant in an action on contract, instead of showing a case for mitigation of damages, allows the plaintiff to recover the full amount of the contract in the first action, and then commences a cross-action to regain the amount which he might have set-off as against plaintiff's claim in first instance. Formerly, indeed, the defendant was compelled to bring a cross-action, there being no other remedy; but now evidence in mitigation of damages can be given and circuity of action thus avoided.