Blum v. Merchant

Citations

• 58 Tex. 400
• 1883 Tex. LEXIS 36

Syllabus

<p>1. Estoppel.— The elements of estoppel are: A false representation, or concealment of material facts, made with a knowledge of the facts; ignorance on the part of the person to whom the representations are made, or from whom the facts are concealed; intention that such person should act upon it, and action on his part induced thereby. Thus, if goods of another are seized under execution against a debtor, after representations made by such debtor that he was the true owner, and the real owner did not join jn such representations or fail to deny them when he had an opportunity of preventing the creditor from being deceived by them, the true owner would not be estopped from controverting their truth in an action against the creditor for their value.</p> <p>2. Estoppel — Charge op court.— See ppinion for a charge on estoppel held defective.</p> <p>3. Case approved.— Wallace v. Finberg, 46 Tex., 35, approved.</p> <p>4. Damages.— The measure of actual damages for the wrongful seizure and conversion of goods is their value at the place where they are seized on the day of the conversion, and interest on that value. The fact that this rule would include the profit involved in that value, resulting from the goods being more valuable at the place where they are seized than at the distant market where they were purchased, does not alter the rule.</p>