Helling v. American State Bank & Trust Co.

Mother kept her word.

The appellants correctly argue, “it cannot be said that Duane Helling reasonably relied upon the decedent’s representations in good faith which resulted in prejudice to him from refraining to commence legal action.” Appellants’ Brief at 15.

Equitable estoppel requires an underlying fraud or misrepresentation. ■ Farmers Cooperative Ass’n. of Churchs Ferry v. Cole, 289 N.W.2d 808 (N.D.1976); Cooke v. Blood Systems, Inc., 320 N.W.2d 124 (N.D.1982). Apparently the alleged fraud or misrepresentation is that the decedent had said she would pay the debt when she could or would…