Kannan v. . Assad
Supreme Court of North Carolina
Appeal by defendant from Calvert, J., at June Term, 1921, of WlLSON. Summary proceedings in ejectment tried originally before a justice of the peace and then Ae novo upon appeal in the Superior Court, where the following verdict was rendered by the jury: “1. Did plaintiff and defendant enter into a contract for the rental of the property in question for a term of three years beginning 25 February, 1921 ? Answer: ‘Yes.’ “2. Did defendant Assad fail to perform on his part the…
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Appeal by defendant from Calvert, J., at June Term, 1921, of WlLSON. Summary proceedings in ejectment tried originally before a justice of the peace and then Ae novo upon appeal in the Superior Court, where the following verdict was rendered by the jury: “1. Did plaintiff and defendant enter into a contract for the rental of the property in question for a term of three years beginning 25 February, 1921 ? Answer: ‘Yes.’ “2. Did defendant Assad fail to perform on his part the terms of said contract? Answer: ‘Yes.’ “3. What is the reasonable rental value, per month, of the property? Answer:…
1Opinion of the CourtStacy, J.
"We do not think the defendant is entitled to a judgment on the verdict in view of the admissions and concessions made in open court and before the rendition of the verdict. The case was tried on a different theory with a different understanding, and it would seem that the defendant ought to be content with the result.
It is well understood that, except in proper instances, a party to a suit should not be allowed to change his position with respect to a material matter, during the course of litigation, nor should he be allowed to “blow hot and cold in the same breath.” Ingram v. Power Co., 181…
2Cases cited7 opinions
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- Fourth National Bank v. WilsonSupreme Court of North Carolina · 1915
- Coble v. . BarringerSupreme Court of North Carolina · 1916
- Howell v. . PateSupreme Court of North Carolina · 1921
- Ingram v. Yadkin River Power Co.Supreme Court of North Carolina · 1921
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3Cited by20 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
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- State v. . WhitleySupreme Court of North Carolina · 1935
- Jernigan v. . JerniganSupreme Court of North Carolina · 1946
- Old Republic National Title Insurance Co. v. Hartford Fire Insurance Co.Supreme Court of North Carolina · 2017
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