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Clarkson v. Van Antwerp

Supreme Court of Oklahoma
Oct 26, 1948
200 P.2d 442 (Okla. 1948)

Opinion

No. 33163.

October 26, 1948.

(Syllabus.)

1. CONTRACTS — Right of third party to sue on contract made to another for his benefit.

It is necessary that there be a valid and binding contract between promisor and promisee to entitle a third party to maintain an action on a promise made to another for his benefit.

2. ESTOPPEL — Essential elements of "equitable estoppel."

The essential elements of an "equitable estoppel" are: First, there must be a false representation or concealment of facts; second, it must have been made with knowledge, actual or constructive, of the real facts; third, the party to whom it was made must have been without knowledge, or the means of knowledge, of the real facts; fourth, it must have been made with the intention that it should be acted upon; fifth, the party to whom it was made must have relied on, or acted upon it to his prejudice.

3. FRAUDS, STATUTE OF — ESTOPPEL — Right to urge equitable estoppel to preclude one from asserting statute of frauds as defense.

It is an indispensable element of equitable estoppel that the person relying thereon must have been induced to act or alter his position to his detriment or injury, and, where equitable estoppel is relied on to preclude another from asserting the statute of frauds as a defense to an oral contract for sale of realty, such injury must be unjust and unconscionable, and such that there is no complete and adequate remedy at law available to the person asserting the equitable estoppel.

Appeal from District Court, Tulsa County; John Ladner, Judge.

Action by Dick E. Clarkson against L. N. Van Antwerp et al. From the judgment, plaintiff appeals. Affirmed.

Spillers, Spillers Voorhees, of Tulsa, for plaintiff in error.

S.J. Clendinning, of Tulsa, for defendants in error.


This is a companion case to that of Fite v. Van Antwerp, 201 Okla. 26, 200 P.2d 439.

By stipulation of the parties the decision in that case is determinative of the questions herein.

The judgment of the trial court is, therefore, affirmed.

HURST, C. J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur. ARNOLD, J., dissents.


Summaries of

Clarkson v. Van Antwerp

Supreme Court of Oklahoma
Oct 26, 1948
200 P.2d 442 (Okla. 1948)
Case details for

Clarkson v. Van Antwerp

Case Details

Full title:CLARKSON v. VAN ANTWERP et al

Court:Supreme Court of Oklahoma

Date published: Oct 26, 1948

Citations

200 P.2d 442 (Okla. 1948)
201 Okla. 29