8 Kan. 189 | Kan. | 1871
The opinion of the court was delivered by
There are twenty-two assignments of error
The facts in this case so far as they affect the question which we propose to discuss seem to be substantially as follows: On the 8th of September, 1865, William H. Coolidge leased to Thomas R. Clark lot 14, Block 76, of Leavenworth City, for five years, and Clark was to pay all taxes and assessments thereon for that time. During that time certain sujjposed street assessments which were void were made against said lot. Coolidge and Olai'k had divers conversations concerning these assessments. Coolidge showed some papers to Clark, which Coolidge claimed stated the amount of said assessment. Clark at one time said the amount was too great, but he never denied the validity of the assessment. He always said he would pay it. At one time however he said he had met with a severe loss and had no money, and could not pay it. It is not shown whether either Coolidge or Clark knew anything of the invalidity of said assessment. Nor is it shown that Clark pretended to know anything about it, or that he had any better means of knowing it than Coolidge had. Afterwards Coolidge paid said assessment, or rather he purchased the sale certificate of the assessment. He never however told Clark that he would pay it, or that he had any intention of paying it; and Clark never requested him or any one else to do so. It does not appear from the record that Clark ever made any effort to pay it except that Coolidge testified that Clark said in one of his conversations “ that he (Clark) had tried to pay it once but could not do it; he and the contractor could not agree; that the amount was not proper.” Coolidge also testified that “ He (Clark) led me to believe that he would pay it, but failing, I was led to believe he would not pay it.” So Coolidge paid the assessment himself, and then brought this action to recover the amount of the same from Clark. The case was tried before a jury, and the court among other things instructed the jury as follows: v
“ That the record and papers read in evidence by the plaintiff show the alleged assessments for improving Shawnee street to be void.” “ The record and papers read in evidence by the plaintiff show the alleged assessment for improving Seventh street to be void.”
As a general rule estoppels mpais can apply only in the following cases:
2. -Where the other party does not Imow the truth of the same. 31 Penn. St., 331, 333; 37 Penn. St., 379, 384; 11 Penn. St., 53, 55.
3. -Where the act or admission is expressly designed to influence the conduct of the other party. 49 Maine, 149, 153; 8 Barb., 102, 108.
4. -Where the other party relies upon and is influenced by such acts or admissions. 8 Barb., 102, 108; 20 Conn., 98, 104; and authorities heretofore cited. (Also upon this point, and upon all the foregoing points, see the numerous authorities cited in the briefs of counsel.)
Now from the record in this case Clark was clearly not estopped from showing the truth of this transaction. He never consented or agreed that Coolidge should pay said assessment. He did not Imow, or pretend to Imow anything concerning the validity of the same. From the evidence it it would seem that Coolidge knew more about it than Clark,
The judgment of the court below will be reversed and a new trial ordered.