Rector of the Church of St. Bartholomew v. Wood , 1875 Pa. LEXIS 238 ( 1875 )

Williams and Mercur, JJ.,

dissented.

“We dissent on the ground that the facts on which the question of estoppel was submitted to the jury by the court below are insufficient in law to constitute an estoppel, and the facts of which the estoppel is predicated in the opinion of the majority of this court have not been passed on by the jury.”