Peck v. Steere

Citations

• 23 Haw. 550
• 1916 Haw. LEXIS 44

Syllabus

<p>Ejectment — estoppel.</p> <p>In ejectment by the second assignee of a lease the plaintiff Is estopped by the oral promise of his assignor to the lessor, in consideration of the latter’s necessary consent to the assignment, to take only a part of the leased premises, where, pursuant to such promise the consent was given and the part relinquished leased to the defendant.</p> <p>Estoppel — landlord and tenant — parol agreement.</p> <p>W desired to procure the assignment of a lease; the written consent of the lessors was necessary to the assignment; W agreed with the lessors in advance that if they would consent to the assignment he would take the leased premises less a certain portion; the lessors consented in writing and the lease was assigned to W; the boundaries were changed so as to exclude the portion agreed to be relinquished, and lessors leased such portion to the defendant; W assigned, with the written consent of the lessors, the lease assigned to him by B, to the plaintiff; the defendant, prior to commencement of action in ejectment by plaintiff, had fenced the portion which W agreed to relinquish. Held; W’s promise estopped him from claiming the land in controversy, and that plaintiff is in no better position than was his assignor.</p> <p>Evidence — 'proving matter in estoppel l>y parol.</p> <p>Parol evidence is admissible to establish acts and declarations made by a party under such circumstances as will in equity estop him from denying such acts and declarations.</p>