Grinnan v. Dean

Citations

• 62 Tex. 218
• 1884 Tex. LEXIS 213

Syllabus

<p>1. Estoppel — Evidence — Charge of court.—Where there is no proof tending to show an estoppel, which constitutes the only defense, the court does not err in charging the jury to find against the party setting up that defense.</p> <p>% Same — Cases cited.— Eason v. Eason, 61 Tex., 225; Andrews v. Smithwiek, 20 Tex., 111; Supreme Council, etc., v. Anderson, 61 Tex., 296, cited and approved.</p> <p>S. Equitable estoppel.— Statements of a person as to title being good, which are vague, and yet such as would put a prudent man upon inquiry, are not such as a subsequent vendee can plead by way of estoppel.</p> <p>4. Same.— A statement to be the basis of an estoppel should be one that the party cannot contravene without fraud on his part. Following Scoby v. Sweatt, 28 Tex., 730.</p> <p>5. Evidence.— A letter as to title to land, written after the purchase thereof was made, is inadmissible to establish an estoppel, as it could not have influenced the vendee.</p>