Patteson J said: ‘When a recital is intended to be a statement which all parties to the deed have mutually agreed to admit as true, it is an estoppel upon all. But, when it is intended to be the statement of one party only, the estoppel is confined to that party, and the intention is to be gathered from construing the instrument.’
Judges:
Patteson J
Citations:
[1850] EngR 295, (1850) 14 QB 781, (1850) 117 ER 301
Links:
Cited by:
Cited – Prime Sight Ltd v Lavarello PC 9-Jul-2013
(Gibraltar) Parties to a contract for the sale of land including the appellant company declared a purchase price which both knew to be false. Faced with insolvency proceedings, the appellant sought to challenge a claim for the full amount.
Lists of cited by and citing cases may be incomplete.
Estoppel
Updated: 02 May 2022; Ref: scu.297642