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Mitchell v. Reed

Citations

  • 9 Cal. 204

Syllabus

<p>Where A, the owner of property, represents that certain property in his possession belongs to B, and that representation coming to the ears of G, a creditor of B, who sues out an attachment against B, and seizes the property : Held, that A is estopped from setting up a claim to the property.</p> <p>Where the express declaration to a third party is not confidential’, hut general, and this is afterwards acted on by others, the party malting the declaration is estopped.</p> <p>The intention with which the declaration is made is not material, except, perhaps, when the communication is confidential. It is the fact that the declaration has been acted upon by others, that constitutes the liability to them. Hor does it make any difference whether the thing admitted was true or false.</p>

Judges: Burnett, Terry

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