Dennis v. Dixon

1 Citing case

  1. Taylor v. Bailey

    271 S.E.2d 296 (N.C. Ct. App. 1980)   Cited 6 times
    Treating the affirmative defense of election of remedies as a plea in bar

    Clearly the issue of election of remedies, as propounded by defendant, is no problem, because that issue generally arises in cases where a party seeks both to affirm and deny a contract. See, e.g., Redmond v. Lilly, 273 N.C. 446, 160 S.E.2d 287 (1968); Richardson v. Richardson, 261 N.C. 521, 135 S.E.2d 532 (1964); Bruton v. Bland, 260 N.C. 429, 132 S.E.2d 910 (1963); Surratt v. Insurance Agency, 244 N.C. 121, 93 S.E.2d 72 (1956); Dennis v. Dixon, 209 N.C. 199, 183 S.E. 360 (1936). See generally, 25 Am. Jur.2d Election of Remedies 8-13 (1966); 28 C.J.S. Election of Remedies 1-7 (1941).