Opinion

Chahon v. Schneider

  • 117 Cal. App. 2d 334
  • 256 P.2d 54
  • 1953 Cal. App. LEXIS 1816
Court
California Court of Appeal
Filed
Apr 17, 1953
Status
Published
Author
Peters
On the bench
Wood (Fred B.)
Cited by
17 cases
Authority
More cited than 5.2%

The opinion

PETERS, P. J.

I concur.

I do so with some reluctance. It is my belief that, under the facts alleged, the question of whether or not there was an estoppel should be decided as a question of fact and not one of law upon a demurrer. If the question were an open one, I would vote for a reversal. But the question is not an open one. The cases of Jirschik v. Farmers & Merck. Nat. Bank, 107 Cal.App.2d 405 [ 237 P.2d 49 ]; Murdock v. Swanson, 85 Cal.App.2d 380 [ 193 P.2d 81 ]; De Mattos v. McGovern, 25 Cal.App.2d 429 [ 77 P.2d 522 ]; Ruinello v. Murray, 36 Cal.2d 687 [ 227 P.2d 251 ], and others, all cited in the majority opinion, on facts stronger than those here alleged, held that, as a matter of law, no estoppel existed. As a judge of an intermediate court I feel bound by those decisions. In my opinion, the whole problem needs reconsideration by the Supreme Court.

Appellant’s petition for a hearing by the Supreme Court was denied June 11, 1953.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.