McNeely ex rel. McNeely v. Walters
G. R. McNEELY, by His Next Friend, VANCE McNEELY, v. H. F. WALTERS Et Al.
Opinion of the Court
Stacy, C. J.
Conceding that the note and deed of trust were executed by Grady McNeely without authority, still we think the plaintiff must fail in his suit, if not upon the principle of ratification, then upon the doctrine of estoppel.
Sugg v. Credit Corp., 196 N. C., 97 , 144 S. E., 554 ;
Lawson v. Bank, 203 N. C., 368 , 166 S. E., 177 .
Plaintiff was fully aware of all the facts surrounding the transaction in June, 1926, when he accepted from the defendants further indulgence and forbearance. Grady McNeely was then living and the note was not barred by the statute of limitations. Plaintiff made no contention at that time that the note and deed of trust were not genuine. By remaining silent when it was his duty to speak, plaintiff has disadvantaged the defendants. He ought not to be heard now in repudiation of his former conduct.
Rand v. Gillette, 199 N. C., 462 , 154 S. E., 746 ;
Lewis v. Nunn, 180 N. C., 159 , 104 S. E., 470 .
“If certain acts have been performed or contracts made on behalf of another without his authority, he has, when he obtains knowledge thereof, an election either to accept or repudiate such acts or contracts. If he accept them, his acceptance is a ratification of the previously unauthorized acts or contracts, and makes them as binding upon him from the time they were performed as if they had been authorized in the first place.”
Gallup v. Liberty County, 57 Tex. Civ. App., 175 , 122 S.
W., 291 .
The doctrine of equitable estoppel is based on an application of the golden rule to the everyday affairs of men. It requires that one should do unto others as, in equity and good conscience, he would have them do unto him, if their positions were reversed.
Boddie v. Bond, 154 N. C., 359 , 70 S. E., 824 ; 10 R. C. L., 688, et seq.
Its compulsion is one of fair play.
In this view of the record, the judgment of nonsuit would seem to be correct.
Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.
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(comparing the doctrine of equitable estoppel to “the golden rule” -i->— i.e., that “one should do unto others as, in equity and good conscience, he would have them do unto him, if their positions were reversed” — and citing to the maxim of “fair play”)
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("A wrongdoer is precluded from profiteering from his fraud or wilful misrepresentation in an ordinary civil suit.")
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