Patterson v. . Allen

The defendant here insists that the plaintiff has sued for the conversion of certain lumber belonging to him and, defendant having interposed the plea of the statute of limitations, a payment to the plaintiff subsequent to the conversion would not have the effect of repelling the bar of the statute, since, as defendant contends, the action is in tort and not ex contractu.

It is well established, however, that “when a man’s property has been wrongfully converted, . . . the owner is allowed to waive the tort and sue on contract.” Sanders v. Ragan, 172 N. C., 612, 616; Stroud v. Ins. Co., 148 N.…