A representation may arise, not only by way of concealment of part of the truth in regard to a whole fact, as we have seen; more than that, from total, but misleading, silence with knowledge, or passive conduct joined with a duty to speak, an estoppel... The New Law Reports - Sida 81redigerad av - 1908Obegränsad förhandsgranskning - Om den här boken
| 1902 - 1302 sidor
...misleading, silence, with knowledge or passive conduct, Joined with a duty to speak, an estoppel will arise. The case must be such that it would be fair to Interpret...eg, no interest in the subject of the transaction." The foregoing tests are sustained by authorities of this state as well as numerous others, and are... | |
| Melville Madison Bigelow - 1890 - 864 sidor
...z silence with knowledge, or passive conduct joined with a duty to speak, an estoppel will arise.3 The case must be such that it would be fair to interpret...left something like a representation upon the mind ; for the case is this : A negotiation is going on, and the mind receives the facts brought out, and... | |
| 1905 - 984 sidor
...misleading silence. With knowledge or passive conduct, joined with a duty to speak, an estoppel will arise. The case must be such that it would be fair to interpret...declaration of the party that he has, eg, no interest in the transaction. Watson v. Prather (Ky.) 65 SW 439 (citing BIgelow, Estop.). The term "representation"... | |
| 1913 - 1340 sidor
...misleading, silence with knowledge, or passive conduct joined with a duty to speak, an estoppel will arise. The case must be such that it would be fair to Interpret...said to have left something like a representation on the mind; for the case is this: A negotiation is going on, and the mind receives the facts brought... | |
| Melville Madison Bigelow - 1913 - 948 sidor
...51 W. Va. 304, 41 SE 201 ; Wright Lumber Co. v. McCord, 145 Wis. 93, 128 NW 873; Cachett t>. Keswick he has, eg no interest in the subject of the transaction....left something like a representation upon the mind; for the case is this: A negotiation is going on, and the mind receives the facts brought out, and receives... | |
| 1913 - 1344 sidor
...misleading, silence with knowledge, or passive conduct joined with a duty to speak, an estoppel will arise. The case must be such that it would be fair to interpret...declaration of the party that he has, eg, no interest in tue subject of the transaction. Indeed, silence, when resulting in an estoppel, may not improperly... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1917 - 742 sidor
...must be such that it would be fair to equate the silence with a declaration of the party that he has no interest in the subject of the transaction. Indeed, silence, when resulting in an ostoppel, may not improperly be said to have left something like a representation upon the mind ; for... | |
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