Cook v. Ball

On Petition for Rehearing

Petitioners argue that full effect has not been given to the doctrine of estoppel. True, the result reached is akin to that of set-off. But that does not indicate that there has been an erroneous ap*439plication of the doctrine of quasi estoppel. For that doctrine is essentially one of fundamental justice which must be so applied as to reach the fairest possible result in the particular circumstances. In our case, Ball paid Midland for its Midamerica stock, and should not be forced to pay for it again by including it in the recovery. Clearly, the extent that Ball was…