 A man may not take contradictory positions; and where he has a right to choose one of two modes of redress, and the two are so inconsistent that the assertion of one involves the negation or repudiation of the other, his deliberate and settled choice...  The Northwestern Reporter - Page 1451921Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1896 - 784 pages
...312, that— " A man may not take contradictory positions, and, where he has a right to choose one of two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge or the means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter... | |
 | Law - 1896 - 542 pages
...follows: "A man may not take two contradictory positions, and where he has a right to choose one of two modes of redress, and the two are so inconsistent...would authorize a resort to each, will preclude him thereafter from going back and electing again." "Any decisive act of the party, with knowledge of his... | |
 | Electronic journals - 1875 - 842 pages
...contradictory positions, and where lie has a right to choose one of two modes of redress, and tintwo are so inconsistent that the assertion of one involves...deliberate and settled choice of one with knowledge, or the means of knowledge, of such facts as would authorize a resort to either, will preclude him thereafter... | |
 | Law reports, digests, etc - 1906 - 1122 pages
...as follows : "A man may not take contradictory positions; and where be has a right to choose one of two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge, or the means of knowledge, of such facts as would authorize a resort to each, will preclude him thereafter... | |
 | Law reports, digests, etc - 1895 - 1088 pages
...may not take contradictory positions; and where he has a right to choose one of two modes of redrees, w 9D թ Z. iq8 P UO Ci \- 3= r QZ7 $- u ܽ q O K... \ ? 3 s 7 } J O< > 3E { bٷ<._ r Xo 8q 5 thereafter from goIng back and electing again. • • • The plaintiff's proceeding necessarily Implied... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...other remedy. A party may not take contradictory positions; and where he has a right to choose one of two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge, or the means of knowledge, of such facts as would authorize a resort to each, will preclude him thereafter... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 992 pages
...Mich. 312: " A man may not take contradictory positions, and where he has a right to choose one of two modes of redress, and the two are so inconsistent...deliberate and settled choice of one, with knowledge or the means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 982 pages
...negation or repudiation of the other, his deliberate and settled choice of one, with knowledge or the means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter from going back and electing again." And in Orme v. Broughton, 10 Bing. 538, Ti tidal, CJ,... | |
 | William Albert Keener - Contracts - 1893 - 508 pages
...to take contradictory positions. Its definition of a contradictory position is the use of remedies " so inconsistent that the assertion of one involves the negation or repudiation of the other. " Now a non-suit in trover would not prevent trespass, nor would a non-suit in account prevent debt.... | |
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