Hardeman v. Ellis

Being of the opinion that the court did not err in sustaining the demurrer to the fifth paragraph of defendant’s answer, and in effect holding that the plaintiff was not estopped, by his acts and doings recited in this paragraph, from undertaking to set up as against the defendant his right to specific performance of the contract sued on, I feel constrained to dissent from the ruling of the majority in the fourth division of the opinion. It is true that the plaintiff as executor, after qualifying as such, continued in charge of the trust for a little over two years, and performed duties as…