Dunn v. Pertzsch Construction Co.

Loretta Dunn claims the trial court committed error in granting summary judgment because the affidavits supporting the motion were insufficient to prove an estoppel by clear, satisfactory and convincing evidence. No doubt, this is the proper standard of proof to make a prima facie case for estoppel. Eckstein v. Northwestern Mut. Life Ins. Co. (1937), 226 Wis. 60, 275 N. W. 916; Crane v. Esmond (1934), 214 Wis. 571, 253 N. W. 780. However, it is not true as contended by Mrs. Dunn that estoppel can be proved only by overt acts and an actual intention to induce another to take action to his…