Yarborough v. Yarborough

We find at the outset that plaintiff is not estopped to bring the present action by anything she has done. ""Estoppel by misrepresentation, or equitable estoppel . . . grows out of such conduct of a party as absolutely precludes him, both at law and in equity, from asserting rights which might perhaps have otherwise existed . . . as against another person who in good faith relied upon such conduct, and has been led thereby to change his position for the worse . . . ."" Boddie v. Bond, 154 N.C. 359, 365, 70 S.E. 824, 826 (1911). ""[A] party who, with knowledge of the facts, accepts the benefits of a transaction, may not thereafter attack the validity of the transaction to the detriment of other parties who relied thereon. (footnote omitted)"" 3 Strong, N.C. Index 2d, Estoppel, § 4, pp. 583-584. See also, Smith v. Smith, 265 N.C. 18, 143 S.E.2d 300 (1965); § 4, pp. 583-584. See also, Smith v. Smith, 265 N.C. 18, 143 S.E.2d 300 (1965); White v. Moore, 11 N.C. App. 534, 181 S.E.2d 734 (1971). In the present case there is nothing to indicate that the defendant has relied on anything that the plaintiff has or has not done which has in any way acted to his loss or detriment.