Ergenbright v. Henderson

Citations

• 72 Kan. 29
• 82 P. 524
• 1905 Kan. LEXIS 303

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Estoppel in Pais — Necessary Allegations in Pleading. A party pleading an estoppel in pais must show: (1) That the opposing party has made some representation inconsistent with his present position, with the intent to mislead the pleader; (2) that the representation so made was known by the maker to be false; (3) that the pleader did not know that the representation was false; (4) that he believed it to be true, and acted upon such belief.</p> <p>'2. Practice, Supreme Court — Defective Pleading — Evidence— General Verdict. Where several defenses were pleaded in the same answer, one of which was so defective that it was error to admit evidence in supp’ort thereof, but, nevertheless, the court, over the objection of the plaintiff, erroneously permitted testimony to be introduced tending to support such defense, and a general verdict was returned and a general judgment rendered thereon for the defendant, it cannot be said that such error was not prejudicial.</p>