Stewart v. Herring

WEBB, Judge.

The parties to this appeal agree that the issue is whether the plaintiff has made an election which prevents her from suing the defendant. Our cases have held that if a person has inconsistent claims against two separate people, the claimant cannot pursue one of the claims to judgment and then pursue the inconsistent claim against the other person. See Pete Wall Plumbing Co. v. Harris, 266 N.C. 675, 147 S.E. 2d 202 (1966); Smith v. Gulf Oil Corp., 239 N.C. 360, 79 S.E. 2d 880 (1954); Irvin v. Harris, 182 N.C. 647, 109 S.E. 867 (1921). This rule was applied in Davis v. Hargett, 244…