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254 N.C. 224

118 S.E.2d 419

York v. Cole

Supreme Court of North Carolina

Decided March 1, 1961

Supreme Court of North Carolina · decided 1961-03-01

Good law ✅— No negative treatment on recordhow we know

Decided 1961-03-01

How this case has been cited

Cited by 6 later decisions — most recently February 2003

6 state decisions

2019611970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 Plaintiff assigns as error the overruling of the demurrer ore tenus to defendants’ counterclaim, the refusal of the court to set aside the verdict as to the eighth and ninth issues, the court’s charge on the eighth and ninth issues, and the signing of the judgment. We find no prejudicial error in the rulings of the court, the trial, and entry of judgment. Relative to plaintiff’s cause of action, this trial furnishes a proper example of the application of the maxim: “He who seeks equity must do equity.” A complainant who seeks to have an instrument, obligation, or transaction canceled or set aside must return or offer to return whatever he may have received from the defendant. 19 Am. Jur., Equity, s. 464, p. 321.

¶2 No error.

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