Legal Opinion · Dissent

Lawrin Co. v. Frazier

Mississippi Supreme Court

Decided July 8, 1968No. 44912Published

1DissentRobertson, Justice

I respectfully dissent. I am unable to agree with the majority that there is no el*551ement of estoppel in this case. In my opinion, this is a classic case where every element of estoppel is present and where the doctrine should be applied in the interest of fair dealing and justice.

By virtue of Mrs. Frazier’s repeated and steadfast refusal to follow the unanimous recommendation of all of her doctors, who included general practitioners, orthopedic surgeons and neurosurgeons, that she should he operated on for herniated inter-vertebral discs at the L-4 and L-5 levels, she was able to build up a…

2Cases cited5 opinions

  1. J. H. Moon & Sons v. HoodMississippi Supreme Court · 1962
  2. Friedman v. LibinNew York Supreme Court · 1956
  3. Arnold Bernstein Shipping Co. v. Tidewater Commercial Co.District Court, D. Maryland · 1949
  4. United States Fidelity & Guaranty Co. v. RiceMississippi Supreme Court · 1961
  5. First Small Business Investment Corp. v. ZaretskyNew York Supreme Court · 1966

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