Western Grain Co. v. Beaver Land-Stock Co.

The second affirmative defense is not sufficient to constitute an estoppel. Those allegations, if proved, would constitute a good defense but there is nothing in the facts pleaded that would estop the plaintiff from presenting its claim for damages. There is no allegations of any act or thing done by the plaintiff that misled the defendant to its injury, or prevents it from making a complete defense to plaintiff's complaint. There is no averment of any change in defendant's affairs in reliance on plaintiff's alleged conduct. It was not error for the court to sustain the demurrer to the second…