... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must... A Treatise on the Law of Personal Property - Page 247by Joseph James Darlington - 1891 - 469 pagesFull view - About this book
| Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...of the facts. "3. The party to whom it was made must have been ignorant of the truth of the matter. "4. It must have been made with the intention that...other party must have been induced to act upon it." Bigelow on Estoppel, 3d ed., p. 484. In this case there is no proof that Ritchie made any legally false... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1899 - 832 pages
...permissibly, of the truth of the matter. 4. It must have been made with the intention, actual or virtual, t'hat the other party should act upon it. 5. The other party must have been induced to act upon it. Applying the fifth maxim, it is evident that acts and conduct unknown to a person can not be the basis... | |
| Melville Madison Bigelow - Estoppel - 1872 - 732 pages
...of the facts. 3. The party to whom it was made must have been ignorant of the truth of the matter. 4. It must have been made with the intention that...other party must have been induced to act upon it. The consideration of each of these elements in detail must occupy the remainder of this chapter ; and,... | |
| Law - 1881 - 638 pages
...material facts. 2. The representation, etc., must have been made with a knowledge of the facts. 3. It must have been made with the intention that the other party should act upon it, or witli the knowledge that he was about so to act, or under such circumstances that a reasonable man... | |
| GEO. TUCKER BISPHAM - 1874 - 610 pages
...Dutenlion that the other party should act bois, 12 Wall. 47; Chapman v. Chapman, upon it. 9 PF Smith, 214. 5. The other party must have been induced to act upon it. estoppel by silence are quite numerous, and many of them may be found in the cases cited in the note.1... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1899 - 602 pages
...permissibly, of the truth of the matter. 4. It must have been made with the intention, actual or virtual, that the other party should act upon it. 5. The other party must have been induced to act upon it. Bigelow on Estoppel, 569-570. J. Byron Jennings, Esq., for respondent. The prior appropriator cannot... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...of the essential elements of an estoppel by conduct, and among them that the representation " should have been made with the intention that the other party should act upon it." This doctrine is laid down in Plumer v. Lord, 9 Allen, 455, and still more strongly in Andrews v. Lyons,... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1881 - 764 pages
...of the facts. (3) The party to whom it was made mnst have been ignorant of the truth of the matter. (4) It must have been made with the intention that...other party must have been induced to act upon it. Bigelow on Estoppel, 480; Norton v. Kearney, 10 Wis., 443; Gill v. Sice, 13 id., 549; Gary v. Wheeler,... | |
| Benjamin Russell - 1882 - 618 pages
...of the facts. 3. The party to whom it was made must have been ignorant of the truth of the matter. 4. It must have been made with the intention that...it. 5. The other party must have been induced to act upon'it. Bigelow does not at all say that where all of these elements are present there must be an... | |
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