Watkins Co. v. Rivers

1. Where, as in the instant case, all the testimony, including that offered by the plaintiff, conclusively establishes that the contract sued on was not executed by the defendant sureties, no recovery can be *560had thereon as against them unless it should appear that they had, by their conduct, estopped themselves from denying the execution and binding force of the contract. .

Decided December 17, 1927.

2. While ordinarily an estoppel will not result from mere silence, yet where a person remains silent under circumstances which make it his duty to speak, the principal of equitable estoppel may…