Kreielsheimer v. Gill

Citations

• 85 Wash. 175
• 147 P. 871
• 1915 Wash. LEXIS 1264

Syllabus

<p>Limitation op Actions — Construction—Estoppel. Debtors primarily liable on an account, which they induced the creditor to assign to their agent for collection for the purpose of suing one secondarily liable thereon for the benefit of the creditor as well as themselves, are estopped to invoke the statute of limitations in an action against them by the creditor, where the original debtors had promised to pay as soon as suit against the secondary debtors was over regardless of the outcome, and thereby induced the creditor to delay enforcement of his claim, and thus wrongfully obtained an advantage which equity will not allow them to hold; especially where the suit against the party secondarily liable was undetermined and not subject to the plea of the statute.</p>