Scott v. Jackson

Citations

• 89 Cal. 258
• 26 P. 898
• 1891 Cal. LEXIS 807

Syllabus

<p>Sale of Letters Patent — Action for Price — Delay in Assignment — Acquiescence — Estoppel — Tender. — An action to recover the contract price of letters patent sold to the defendant, which were to be assigned to the defendant as soon as a settlement was made with another person, will not be defeated by mere delay to make the assignment until nearly three years after the settlement, if the defendant received all of the benefit he would have received if the letters had been actually assigned at the proper time, and the delay was acquiesced in by both parties; and in such case the purchaser is estopped from claiming that the tender of the assignment came too late.</p> <p>Id. — Sufficiency of Tender — Omission of Dead Patent — Waiver of Objection. — The fact that the tender of assignment did not include one of the patents cannot be complained of by the purchaser if the omitted patent had .expired, and no objection was made to the tender on the ground of the omission.</p> <p>Estoppel in Pais. — Where a person tacitly en courges an act to be done, he cannot afterwards exercise his legal right in opposition to such consent, if his conduct or acts of encouragement induced the other party to change his position so that he will be pecuniarily prejudiced by the assertion of such adverse claim.</p> <p>Acquiescence — Wavier of Right. — Acquiescence is where a person who knows that he is entitled to impeach a transaction or enforce a right neglects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right.</p>