69 Wis. 199 | Wis. | 1887
Two errors only are assigned. One is that the court erred in negativing the existence of the fraud charged in the complaint; the other is that it was error to refuse to
As to the alleged estoppel: even though the proofs would sustain the proposed finding of fact as to the statements of Whorton which the court refused to find, still such refusal is not a material error, for the reason that, had the fact been found as requested, the estoppel claimed would not result therefrom. If the bringing of this action on the faith of what Whorton said about the title can operate as an estoppel against him under any circumstances (a proposition not here decided), it certainly cannot so operate until it shall be made to appear affirmatively that this action was brought on the faith of Whorton's alleged representations that Hawthorne owned the land in question. The court was not asked to find the existence of this essential element of an effectual estoppel in pais, and there is no sufficient evidence to support such a finding had one been asked. If the fact existed, it was susceptible of direct proof, and cannot properly be found upon doubtful or uncertain inference. Had it been found, or had the court been asked to find upon sufficient proof, that this action was brought in reliance upon a statement by Whorton that Hawthorne was the absolute owner of the twenty acres of land, we should have
By the Court.— The judgment of the circuit court is affirmed.