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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... "
The American State Reports: Containing the Cases of General Value and ... - Página 490
editado por - 1890
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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 - 1896
...Howard, 31 Mich. 309, 312, that— " A man may not take contradictory positions, and, where he has a right to choose one of two modes of redress, and...him thereafter from going back and electing again." The plaintiff in that case sued the defendant in an action on the case to recover of him for having,...
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The Central Law Journal, Volume 43

1896
...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, and...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...
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The American Law Register, Volume 14

1875
...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...knowledge, of such facts as would authorize a resort to either, will preclude him thereafter from going hack and electing again : Thompson v. Howard, SC Mich....
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The Northwestern Reporter, Volume 133

1912
...[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...
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The Federal Reporter, Volume 141

1906
...Howard, 31 Mich. 309, 312, as follows : "A man may not take contradictory positions; and where be has a right to choose one of two modes of redress, and...him thereafter from going back and electing again." The same doctrine Is laid down In Bacon & Company v. Moody, 117 Ga. 207, 43 SE 482. For this reason...
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Supreme Court Reporter, Volume 15

United States. Supreme Court - 1895
...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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 155

United States. Supreme Court - 1895
...the son. The Supreme Court said : '•' A man may not take contradictory positions ; and where he has a right to choose one of two modes of redress, and...him thereafter from going back and electing again. . . . [The plaintiff's] proceeding necessarily implied that the defendant had the young man's services...
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The Pacific Reporter, Volume 58

1899
...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, and...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...
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A Treatise on the Law of Quasi-contracts

William Albert Keener - 1893 - 470 páginas
...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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The American and English Encyclopedia of Law, Volume 28

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1895
...(See also ELECTION, vol. 6, p. 247). — "A man may not take contradictory positions, and where he has a right to choose one of two modes of redress, and...each, will preclude him thereafter from going back and selecting again."* Cowp. 371. See National Trust Co. r. Gleason, 77 NY 400; 33 Am. Rep. 632. 1. Cooley...
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