Rand v. . Gillette

Stacy, C. 3".

Tbe judgment must be affirmed on authority of what was said in Distributing Co. v. Carraway, 196 N. C., 58, 144 S. E., 535. A party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by bim in a former judicial proceeding, when tbe latter position disadvantages his adversary. Hardison v. Everett, 192 N. C., 371, 135 S. E., 288.

Tbe plaintiff is face to face with- tbe lesson, taught every day in tbe school of experience, tbat be cannot safely “run with tbe hare and bunt with tbe bound.” He induced tbe court to adjudge tbe…