11 Colo. 400 | Colo. | 1888
Appellant assigns for error that the court erred in rendering judgment in favor of the appellee. The consideration of the question raised by this assignment requires an examination of the pleadings with a view of determining the applicability of the evidence to the issues made. The first and second defense in the answer put in issue the ownership of the premises in controversy, and the third defense and cross-complaint, and the answer thereto, present (1) the question whether the conveyance from Clise to the plaintiff conveyed the prem
Was the evidence sufficient to establish an estoppel ? In Patterson v. Hitchcock, 3 Colo. 533, and in Griffith v. Wright, 6 Colo. 248, the essential elements of an estoppel by conduct were held to be: First. There must have been a representation or concealment of material facts. • Second. The representation must have been made with knowledge of the facts, unless the party making the representation was' bound to know the facts, or ignorance of them was the result of gross negligence. Third. The 'party to whom it was made must have been ignorant of the truth of the matter. Fourth. It must have been made With the intention that the other party should act upon it; but gross and culpable negligence upon the part of the party sought to be estopped, the effect of which is to work a fraud on the party setting up the estoppel, supplies the place of-intent. Fifth. The other party must have been induced to act upon it.
It is contended by appellant that the third and fifth elements of an estoppel are totally wanting. The evidence tending to establish each of these elements is so connected that we will examine it as to its bearing upon both of these questions at the same time. While the testimony of the witnesses is somewhat conflicting, we think it clearly appears from a consideration of all the evidence that before defendant purchased the premises the plaintiff was fully advised by the defendant that she was talking about purchasing the premises from Olise, and that plaintiff did not then make any claim to them, but gave the defendant to distinctly understand that she was paying rent to Olise for the premises, and that Olise had the sale of the premises. Plaintiff also, being in possession of the premises, told the defendant that if de
The doctrine of estoppel applicable to this case is so well stated in Hill v. Epley, 31 Pa. St. 331, 334, that we quote therefrom: “ The primary ground of the doctrine is that it would be a fraud in a party to assert what his previous conduct had denied, when, on the faith of that denial, others have acted. The element of fraud is essential, either in the intention of the party estopped, or in the effect of the evidence which he attempts to set up. Thus, if a person positively encourage another to purchase either land or a chattel, he cannot afterwards assert any title in himself to the thing purchased, and this though he may have been ignorant of his rights when
It is urged by counsel for appellant that the deed from Clise to the plaintiff being of record at the time defendant purchased the property, her means for ascertaining the true state of the title thereto were equal to the plaintiff’s opportunities in that respect, and that the rule that “where the condition of title is known to both parties, or both have the same means of ascertaining the
From the views herein expressed it follows that the plaintiff is by her conduct estopped from asserting title to the premises against the defendant. “This conclusion renders any further consideration of the case unnecessary.
The judgment should be, affirmed.
Stallcup, C., concurs. De France, C., dissents.
For the reasons assigned in the foregoing opinion the judgment is affirmed.
Affirmed.