Warren v. Connor

Citations

• 5 Cal. Unrep. 537
• 47 P. 48
• 1896 Cal. LEXIS 1123

Syllabus

<p>Estoppel in Pais.—In an Action Against O. and Her Son for Conversion of farming implements on a certain ranch, it appeared that C. and her husband sold such ranch, and all farming implements on it, to one H.; that afterward H. sold all the personal property to plaintiff; that, before the sale to H., the son bought all the implements on the ranch, and farmed the land as a tenant; that H.’s foreman, in company with the agent of C. and husband, made an inventory of the implements on the ranch; that the son did not point them out; that before the transfer of the personal property the son told H.’s agent that the implements were his, and the agent knew he was using them; and that, at the time, defendants were living in one of the houses on the ranch, the son being a tenant of H. There was no claim that the son had in any manner misled H. as to the ownership of the implements. Held, that the son was not estopped from asserting his ownership as against H. or plaintiff.</p>