Marine Ecology Systems, Inc. v. Spooners Creek Yacht Harbor, Inc.

MARTIN (Robert M.), Judge.

Defendant contends the court erred in finding that the value of the equipment on the date it was repossessed was $800. He argues that plaintiff, having filed an affidavit in the claim and delivery action stating that the property was worth $2,400, was estopped to change his position with respect to a material matter during the course of litigation. In support of this proposition, defendant cites Roberts v. Grogan, 222 N.C. 30, 21 S.E. 2d 829 (1942); Ingram v. Power Company, 181 N.C. 359, 107 S.E. 209 (1921). We find these cases distinguishable from the instant case.…