Roeckeler Lumber Co. v. Wahlbrink
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. The courts all concur in this, that no man can set up another’s act or conduct as the ground of estoppel, unless he has himself been misled or deceived -by such act or conduct; nor can he set it up when he knew or had the same means of knowledge as to the truth of the statement as the other party.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. The courts all concur in this, that no man can set up another’s act or conduct as the ground of estoppel, unless he has himself been misled or deceived -by such act or conduct; nor can he set it up when he knew or had the same means of knowledge as to the truth of the statement as the other party. The primary ground of the doctrine is that it would be a fraud on the party to assert what his previous conduct had denied, when on the faith of that denial others have acted. If the truth be known to both parties or they have…
1Opinion of the CourtReynolds, P. J.
This is an action to enforce a mechanic’s lien upon a building and tbe lot upon which it stands, tbe action being against one Wahlbrink, tbe original contractor, and Mathilda J. Eicks and Alfred A. Eicks, husband and wife, as owners of tbe property and contractors with Wahlbrink for tbe erection of tbe bouse, as also against tbe trustee and beneficiaries in a deed of trust placed upon tbe property after tbe commencement of tbe work on tbe building. At a trial of tbe cause in tbe circuit court, there was a judgment against tbe contractor Wahlbrink but in favor of Mr. and Mrs. Eicks and tbe…
2Cases cited4 opinions
- Guffey v. O'ReileySupreme Court of Missouri · 1885
- Palmer v. WelchMissouri Court of Appeals · 1913
- Fischer & Co. v. AnslynMissouri Court of Appeals · 1888
- Chilton v. LindsayMissouri Court of Appeals · 1889
3Cited by10 opinions
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
- Kenny's Tile & Floor Covering, Inc. v. CurryMissouri Court of Appeals · 1984
- State Ex Rel. Berkshire v. EllisonSupreme Court of Missouri · 1921
- Magidson v. SternMissouri Court of Appeals · 1941
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
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