Flowers v. R. A. Vinton Lumber Co.

DisseNtiNG Opinion.

Sydney Smith, G. J.,

delivered a dissenting opinion.

The appellee contends that it is entitled to an extension of time in which to cut and remove the timber because it was prevented from cutting and removing the timber by the wrongful conduct of the appellant. This contention is based on the maxim that ‘ ‘ no man can take advantage of his own wrong, ’ ’ in which is included a more restricted maxim that “he who prevents a thing from being done shall not avail himself of the nonperformance he has occasioned” on which the doctrine of estoppel in pais is based. Broom’s Legal…