Griffeth & Dalzel v. Brown

Citations

• 76 Cal. 260
• 18 P. 372
• 1888 Cal. LEXIS 872

Syllabus

<p>Estoppel in Pais—Necessary Elements of—Instructions. — An instruction purporting to state the law upon the subject of estoppel in pais is erroneous, if it omits the element that the party against whom the estoppel is invoked made the declaration or did the act upon which the estoppel is sought to be based, either with the express intention to deceive, or with such careless and culpable negligence as to amount to constructive fraud. And the error is not remedied by the fact that in another and distinct instruction the rule was stated with more accuracy.</p>