 | Law reports, digests, etc - 1874 - 1086 pages
...representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth." Then his Lordship went on to say that there had been an erroneous application of that view in the case... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 892 pages
...representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth; and that conduct, by negligence or omission, when there is a duty cast upon a person, by usage of trade... | |
 | Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - Civil procedure - 1850 - 808 pages
...at the same time ; and such an estoppel in pais need not be pleaded in order to make it obligatory. Conduct by negligence or omission, when there is a...disclose the truth, may often have the same effect. Freeman and Another Assignees, $c. of W. Broadbent v. Cooke, 187 EVICTION (PLEA OF). See LANDLORD AND... | |
 | Samuel Ware Fisher - Young men - 1852 - 394 pages
...representation to be true, and believe that it was meant that he should act upon it and he did act upon it, the party making the representation would be equally...negligence or omission, when there is a duty cast upon the person, by usage of trade or otherwise, to disclose the truth, may often have the same effect.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1897 - 796 pages
...representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth." In short, as is said by Mr. Herman, in his work on Estoppel (section 754), in commenting upon this... | |
 | Great Britain. Courts - Common law - 1854 - 1124 pages
...representation to be acted on, instancing many commercial cases in which negligence or omission, where there is a duty cast upon a person by usage of trade...disclose the truth, may often have the same effect, as in the case of a retiring partner. I therefore think the rule ought not to be extended to the exclusion... | |
 | William Mawdesley Best - Cross-examination - 1854 - 930 pages
...representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be...truth (<)." " And conduct, by negligence or omission, where there is a duty cast upon a person, by usage of trade or otherwise, to disclose the truth, may... | |
 | John William Smith - Law reports, digests, etc - 1855 - 798 pages
...reprerentation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be...for instance, a retiring partner omitting to inform his customers of the firm in the usual mode, that the continuing partners were no longer authorised... | |
 | Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - Law reports, digests, etc - 1857 - 1044 pages
...representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth." My Lords, I believe that the rule of law, which, as I have more than once said, is a rule founded upon... | |
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... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation... 
