Roberts v. W. H. Hughes Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, master’s report, and defendants’ exceptions thereto, at the March Term, 1909, Rutland County, Waterman, Chancellor. Decree for all the orators. The defendants appealed. The opinion states the case.
1DissentPowers, J.
I cannot believe that Roberts is estopped, and I therefore dissent on that point.
1. It is the settled law of this State that an estoppel, to be available, must be pleaded, if, as here, the party relying upon it has an opportunity to plead it. Sawyer v. Hoyt, 2 Tyl. 288; Lord v. Bigelow, 8 Vt. 445; Brinsmaid v. Mayo, 9 Vt. 31; Isaacs v. Clark, 12 Vt. 692, 36 Am. Dec. 372. Every fact essential to the estoppel must be pleaded with accuracy. Gray v. Pingree, 17 Vt. 419, 44 Am. Dec. 345. If not pleaded, when the circumstances are such as to require it to be pleaded, the estoppel is waived.…
2Cases cited39 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Lash v. RendellIndiana Supreme Court · 1880
- Van Dyke v. ColeSupreme Court of Vermont · 1908
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