BROWN v. SCALES

40570.

109 Ga. App. 138 (1964)

135 S.E.2d 525

BROWN v. SCALES.

Court of Appeals of Georgia.

Decided February 13, 1964.


Attorney(s) appearing for the Case

Schwall & Hewett, Charles E. Maxwell, for plaintiff in error.

Cassandra E. Maxwell, contra.


EBERHARDT, Judge.

This case presents a situation of equitable estoppel or estoppel in pais whereby one is prevented from assuming inconsistent positions to the detriment of another. Frost Motor Co. v. Pierce, 72 Ga.App. 447 (33 S.E.2d 910). Here the plaintiff, Brown, was the author of and a party to an agreement between himself, the defendant and her tenant, Ann Wright, whereby defendant was not to be held for the debt arising out of the home improvement contract...

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