STANLEY EDUCATIONAL METHODS, INC., PLAINTIFF-APPELLANT,
v.
THE BECKER C.P.A. REVIEW COURSE, INC., DEFENDANT-APPELLEE
STANLEY EDUCATIONAL METHODS, INC., PLAINTIFF-APPELLANT,
THE BECKER C.P.A. REVIEW COURSE, INC., DEFENDANT-APPELLEE
539 F.2d 393
Court of Appeals for the Fifth Circuit (1976)
Caution
Cited by 15 cases
Opinion of the Court
PER CURIAM:
On petition for rehearing, Stanley’s substitute counsel argues that the case should be decided under the theory of promissory estoppel. See Wheeler v. White, 398 S.W. 2d 93 (Tex.1965). This theory was not properly presented to the trial court for application to the facts, nor was it presented to this court until the unauthorized filing of substitute counsel’s supplemental brief. Under these circumstances, we ordinarily would not consider the new argument at the appellate level. However, we have examined the authorities cited in Stanley’s petition, especially Associated Tabulating Services, Inc. v. Olympic Life Insurance Co., 414 F. 2d 1306 (5th Cir. 1969), and have found nothing in them to disturb our original conclusion that the actions of Becker were not undertaken with the intent to induce reliance on them by Stanley, without which promissory estoppel is no more applicable than equitable estoppel.
The petition for rehearing is
DENIED.
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Stanley v. Cent. Intelligence Agency, 639 F.2d 1146 (5th Cir. 1981)
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Baker v. Bell, 630 F.2d 1046 (5th Cir. 1980)
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Hargrave v. Fibreboard Corp., 710 F.2d 1154 (5th Cir. 1983)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Associated Tabulating Servs., Inc. v. Olympic Life Ins. Co., 414 F.2d 1306 (5th Cir. 1969)