Babler v. Roelli

The appellant does not contend on this appeal that the facts are sufficient to prove a conventional contract. Rather, he relies on the same facts to prove a cause of action in promissory estoppel.

At the very outset we are confronted with the question of whether the question of promissory estoppel is properly before us. A perusal of the complaint indicates, without a doubt, that all that was pleaded was express contract. A verbatim reading of the transcript makes it clear that the case was not tried on a theory of promissory estoppel. The trial judge expressed his findings in contract terms,…