O'Connor v. Clark

Citations

• 170 Pa. 318
• 32 A. 1029
• 1895 Pa. LEXIS 1406

Syllabus

<p>Sale — Fraud—Estoppel—Evidence.</p> <p>To create an estoppel by which an owner is prevented from asserting title to and is deprived of his property by the act of a third person, without his assent, two things must concur: (1) The owner must have clothed the person, assuming to dispose of the property with the apparent title to or authority to dispose of it; and (2) the person alleging the estoppel must have acted and parted with value upon the faith of such apparent ownership or authority, so that he will be the loser if the appearances to which he trusted are not real.</p> <p>Where the owner of a wagon for his own gain and profit permits the name and occupation of another person to be painted on the wagon, and such other person sells the wagon to a purchaser acting with due caution and in good faith, the owner is estopped from claiming the wagon from the purchaser.</p>