Ball v. Hooten

Citations

• 85 Ill. 159

Syllabus

<p>1. Estoppel—by acts or decimations. In order to create an estoppel in</p> <p>pais, by acts and declarations, the party estopped must have induced the other party to occupy a position he would not have occupied but for such acts and declarations. *</p> <p>2. New trial—misdirection as to the law. Where three distinct grounds of defense are relied on, and the jury find for the defendant generally, and</p> <p>the evidence is conflicting as to the first two grounds, so that the verdict, if based on them, would not be disturbed, but is not sufficient to sustain the third ground, and the court has misdirected the jury in respect to it, a new trial will be awarded.</p>