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" 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... "
Reports of Cases at Law and in Equity Determined by the Supreme Court of the ... - Page 414
by Iowa. Supreme Court - 1905
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 104

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...
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The Central Law Journal, Volume 43

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...of such facts as would authorize a resort to each, will preclude him thereafter from going back and electing again." "Any decisive act of the party, with...
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The American Law Register, Volume 14; Volume 23

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...
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The Northwestern Reporter, Volume 133

Law reports, digests, etc - 1912 - 1262 pages
...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...
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The Federal Reporter, Volume 141

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...
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The Supreme Court Reporter, Volume 15

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...of such facts as would authorize a resort to each, will preclude him thereafter from goIng back and electing again. • • • The plaintiff's proceeding...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 155

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1895 - 768 pages
...said : '•' 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...
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The Pacific Reporter, Volume 58

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...
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The American State Reports: Containing the Cases of General Value ..., Volume 1

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...
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The American State Reports: Containing the Cases of General Value ..., Volume 1

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....
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