Farber v. Page & Mott Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by the plaintiff to recover on certain time checks. Judgment for the defendant and the plaintiff appealed. “Under all the law and evidence the appellant is entitled to a reversal, for the reason that the estoppel of respondent has been established.
Read the full summary
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by the plaintiff to recover on certain time checks. Judgment for the defendant and the plaintiff appealed. “Under all the law and evidence the appellant is entitled to a reversal, for the reason that the estoppel of respondent has been established. “Whenever a party has by his own act, declaration, or omission deliberately and intentionally led another to believe a particular thing true and to act upon such belief, he cannot be permitted to deny it.” (Bigelow on Estoppel, 4th ed.,…
1Opinion of the CourtAilshie, J.
This action was prosecuted by the appellant, George Farber, against the respondent company for the recovery of $1,543.47 on eighteen time cheeks. The checks had been issued by one John Guay. These time checks were issued to various parties for work and labor and supplies, and were duly assigned and delivered to the appellant herein. The plaintiff rested his right of recovery upon a state of facts which he claimed constituted an estoppel against the lumber company. Judgment was entered in the lower court in favor of the defendant and the plaintiff has appealed.
During the years 1907, 1908 and…
2Cases cited4 opinions
- Eastwood v. Standard Mines & Milling Co.Idaho Supreme Court · 1905
- Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
- Pennypacker v. LatimerIdaho Supreme Court · 1905
- Pennypacker v. LatimerIdaho Supreme Court · 1905
3Cited by5 opinions
- Church v. RoemerIdaho Supreme Court · 1972
- Seeley v. Security National BankIdaho Supreme Court · 1925
- White v. RalphIdaho Supreme Court · 1944
- Edwards v. BelknapIdaho Supreme Court · 1946
- William H. Banks Warehouses, Inc. v. JeanDistrict Court, D. Idaho · 1951