MacHeak v. Adamsen

Only one proposition is relied upon by appellant for a reversal, to wit, that the Municipal Court erred in relieving the. ear in question from a lien of the plaintiff-appellant’s contract, and in taxing one-third of the costs to plaintiff-appellant. The vital question involves the pleaded estoppel by the appellee Porter. The facts are not in serious dispute and the governing legal principles are well recognized. We will briefly review the law governing estoppel in pais.

The appellee Porter had the burden of proving that he was unaware of the facts on which he bases estoppel, and had no…