Mesa v. Spurlock

hBAGNERIS, J.,

dissenting.

I respectfully dissent from the majority opinion in the above captioned case. The doctrine of forbearance defined in First National Bank v. Higgs, 406 So.2d 673, at footnote 1 (La.App. 2 nd Cir.1981), as follows

Forbearance is a circumstance, which can give rise to estoppel. Forbearance exists when a creditor acquiesces in or tolerates substandard performance of an obligation by the debtor without exercising his right to enforce the obligation; thereby implying the conduct is sufficient.

When the forbearance reaches the level of equitable estoppel the creditor will be…