Jones v. Savin

Citations

• 29 Del. 180
• 6 Boyce 180
• 97 A. 591
• 1916 Del. LEXIS 21

Syllabus

<p>1. Estoppel—Elements.</p> <p>It is an essential element of estoppel that one party should have relied upon the conduct of the other, or have been induced thereby to put himself in such position that he would be injured if the other should be allowed to repudiate his action.</p> <p>2. Sales—Evidence—Waiver.</p> <p>In an action of replevin based on a conditional sale, acts of the plaintiff not amounting to estoppel may be considered by the jury in determining whether he waived any right to retake the property after sale to defendant.</p> <p>3. Words and Phrases—“Waiver”.</p> <p>A “waiver” is an intentional relinquishment of a known right or such conduct as warrants an inference of such intent.</p> <p>4. Sales—Conduct—W aiver.</p> <p>The vendor of chattels under a conditional contract does not waive his right to retake the property unless the acts or conduct relied upon as waiver are clearly proven, and are inconsistent with the enforcement of this right or an intention to rely upon it.</p> <p>5. Sales—Conditional Sales—Validity.</p> <p>Conditional sales are valid, but, being secret agreements, are not favored in law, and will be held absolute sales whenever any facts or circumstances show a waiver by the vendor of his right to claim the property.</p>