Maxton Auto Co. v. Rudd
Supreme Court of North Carolina
ActioN, tried before Harding, J., and a jury, at April Term, 1918', of Scotland. Tbe action was to recover a Franklin automobile for tbe purpose of enforcing a mechanic’s lien thereon for repairs, under section 2017, Revisal.
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ActioN, tried before Harding, J., and a jury, at April Term, 1918', of Scotland. Tbe action was to recover a Franklin automobile for tbe purpose of enforcing a mechanic’s lien thereon for repairs, under section 2017, Revisal. Plaintiff claimed, and offered evidence tending to show, that in August, 1916, plaintiff company had repairs done to automobile of defendant, purchasing new parts for same, etc., the bill amounting to $71.48,-with protest fees for check given, $1.75, amounting to $73.33. That defendant gave plaintiff bis check for same on Bank of Laurinburg and was thereupon allowed to…
1Opinion of the CourtHoKE, J.
In general terms, it is said that a man may not assume and maintain inconsistent position to the prejudice of another’s rights. He cannot retain the benefits of a contract and repudiate its obligations and burdens, nor can he hold to the advantages acquired in the course of a business deal or negotiation, and by reason of it, when be bas bimself renounced and refused to abide by tbe terms. Tbe position is usually referred to tbe doctrine of estoppel in pais, wbicb rests, in its last analysis, on tbe principles of fraud, and it is not always necessary that tbe fraudulent purpose shall be…
2Cases cited5 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Smith v. Young Bros.Supreme Court of North Carolina · 1891
- McDougall v. . CraponSupreme Court of North Carolina · 1886
- McCullers v. . CheathamSupreme Court of North Carolina · 1913
- Block v. . DowdSupreme Court of North Carolina · 1897
3Cited by11 opinions
- Adder v. Holman & Moody, Inc.Supreme Court of North Carolina · 1975
- Leavitt v. Charles R. Hearn, Inc.Appellate Court of Illinois · 1974
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
- Bizzell v. Auto Tire & Equipment Co.Supreme Court of North Carolina · 1921
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