Hefner v. Vandolah

Citations

• 57 Ill. 520

Syllabus

<p>1. Estoppels in pais—and herein of the principles governing the same. If a party make a declaration, or do any act to induce another to do an act that he would not otherwise do, or to invest his capital on the faith of such declaration or act, he will be estopped to deny the truth of his declaration, or the just effect of his act.</p> <p>2. When a party is interrogated concerning a transaction which affects the interests of another, if he remains silent, or answers falsely, and if the other is misled thereby, such party will be held bound by his silence or his false declarations.</p> <p>3. When a party is induced, by the acts or the declarations of another, to do an act he would not otherwise have done, or omits to do an act he would have done but for the conduct of such party, and injury results therefrom, the party who induced such action, or non-action, must be held responsible for the consequences.</p> <p>4. The doctrine of estoppels in pais is to prevent injuries arising from acts or declarations which have been acted on in good faith, and which it would be inequitable to permit the party to retract. In order to create such an estoppel, the party estopped must have induced the other party to occupy a position that he would not have occupied but for such acts and declarations.</p> <p>5. The conduct and representations must be such as would ordinarily lead to the results complained of. An act or declaration consistent with good faith, the injurious result of which could not have been foreseen or anticipated by any ordinary forecast of mind, would not operate as an estoppel, although injury may result therefrom to a third party.</p> <p>6. But where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on the belief, so as to alter his own previous position, the former is precluded from averring against the latter a different state of things as existing at the same time.</p> <p>7. This