Lufkins v. Collins
Idaho Supreme Court
APPEAL from District Court, Alturas County. No brief on file. A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact, which he can contradict, cannot afterward dispute that fact in an action against the person who has himself assisted in deceiving.
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APPEAL from District Court, Alturas County. No brief on file. A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact, which he can contradict, cannot afterward dispute that fact in an action against the person who has himself assisted in deceiving. (See the case of Pickard v. Sears, cited in Bigelow on Estoppel, 3d ed., p. 479, and note by Lord Denman, p. 479; 69 Ill. 452; 91 Ill. 58; 88 Ill. 452; 89 Ill. 491; 79 Ill. 187; 85 Ill. 96; 33 Mich. 92; 46 N. Y. 325, 7 Am. Eep. 341; 55 N. Y. 41, 14 Am. Eep. 173; 4 Met. 381, 38 Am. Dec.…
1Opinion of the CourtBroderick, J.
This ease was here on appeal at the instance of defendants, and was decided at the January term, 1885 (ante, p. 150, 7 Pac. 95). The former judgment was there reversed, and the cause remanded to the court below for a new trial. The plaintiff again obtained a verdict and judgment, and from this judgment the defendants appeal.
The facts, as disclosed by the record, are substantially as follows : On and prior to the twenty-first day of November, 1882, the firm of Adams & Cunningham were the owners of seventy-one head of mulos and horses used in teaming, and at that time the firm was engaged in…
2Cases cited4 opinions
- Trenor v. Central Pacific RailroadCalifornia Supreme Court · 1875
- Monarch G. & S. M. Co. v. McLaughlinIdaho Supreme Court · 1877
- Brown v. BrownCalifornia Supreme Court · 1871
- Lufkins v. CollinsIdaho Supreme Court · 1885
3Cited by8 opinions
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
- Jackman v. HamersleyIdaho Supreme Court · 1952
- Peterson v. Hailey National BankIdaho Supreme Court · 1931
- Tsuboi v. CohnIdaho Supreme Court · 1924
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