Coulter v. Roberts

“Where one with actual knowledge or notice of the substantial facts is in a situation in which he may elect between two inconsistent positions or proceedings, the choice of his position or proceeding must be made before bringing suit. He can not bring either action without selecting and determining to accept and occupy a position consistent with that action or position and inconsistent with the other. The choice of one of such alternate positions or proceedings operates at once as a final and absolute bar to the other.” Land v. Hall, 46 Ga. App. 404 (167 S. E. 711). Although the same actual…