 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 that the assertion of one involves the negation or repudiation of the other, his deliberate and settled choice...  The Federal Reporter - Page 721906Full view - About this book
 | Law - 1896 - 542 pages
...v. Howard, 31 Mich. 312, as follows: "A man may not take two contradictory positions, and where he has a right to choose one of two modes of redress,...deliberate and settled choice of one, with knowledge, or means of knowledge, of such facts as would authorize a resort to each, will preclude him thereafter... | |
 | Electronic journals - 1875 - 842 pages
...and plaintiff brings error. //i•/ii, That a man may not take 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 the negation or repudiation of the other,... | |
 | Law reports, digests, etc - 1912 - 1262 pages
...[3] It is well settled that a man may not take contradictory positions, and where he has the choice of two modes of redress, and the two are so inconsistent that the assertion of the one involves the repudiation of the other, his deliberate choice of one, with knowledge of such... | |
 | 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, and the two are so inconsistent that the assertion...deliberate and settled choice of one, with knowledge or means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...defeated in one, choose the other remedy. A party may not take contradictory positions; and where he has a right to choose one of two modes of redress,...him thereafter from going back and electing again. Ые is not permitted to make a second election when he has once elected. Morris v. lîexford, 18 NY... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 982 pages
...court in Thompson v. Howard, 31 Mich. 312: " A man may not take contradictory positions, and where he has a right to choose one of two modes of redress,...him thereafter from going back and electing again." And in Orme v. Broughton, 10 Bing. 538, Ti tidal, CJ, said: "After bringing an action in which the... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1890 - 990 pages
...Howard, 31 Mich. 309, the court saying: " A man may not take contradictory positions, and where he In-, a right to choose one of two modes of redress, and...him thereafter from going back and electing again." Again, where the defendant, who held certain property for the joint benefit of himself, the plaintiff,... | |
 | 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.... | |
 | Law reports, digests, etc - 1896 - 1164 pages
..."A man may not take contradictory positions; and where he has a right to choose one of two methods of redress, and the two are so Inconsistent that the...one with knowledge, or the means of knowledge, of ench facts as would authorize a resort to each, will preclude him thereafter from going back and electing... | |
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