Thank you R.
If you still have the emails that show that he has RELEASED his claim to the items, then one in your situation DOES have an affirmative defense
since he stated he did not need them.
It is imperative to attach these emails to the ANSWER.
The affirmative defense is called promissory estoppel
. Promissory estoppel relates to future facts and applies when one person tries to withdraw or alter a promise made to another who justifiably relied on the promise to his detriment.
The function of the doctrine of promissory estoppel is, under our view, defensive in that it estops a promisor from denying the enforceability of the promise. It was said in the case of Dickerson v. Colgrove, 100 U.S. 578, 580, 25 L.Ed. 618,
"The vital principle is that he who by his language or conduct leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted. Such a change of position is sternly forbidden * * *. This remedy is always so applied as to promote the ends of justice."
In the case of Goodman v. Dicker, 83 U.S. App.D.C. 353, 169 F.2d 684 (1948)
, the trial court held that a contract
had not been proven but that "* * * appellants were estopped from denying the same by reason of their statements and conduct upon which appellees relied to their detriment.
A sample answer is provided below:[caption] - TITLE AND PARTIES (just copy of their filing)
DEFENDANT'S ORIGINAL ANSWER (centered)
NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court:
PARTY IDENTIFICATION INFORMATION
1. The last three digits of the driver's license number of YOUR NAME are ...... The last three digits of the social security number for YOUR NAME are .....
(your version of the facts)
Defendant enters a general denial.
In addition or in the alternative, Defendant enters an affirmative defense of promissory estoppel. Plaintiff – via email (attached to this Original Answer EXHIBIT A) – signified to Defendant that he given up his claims of the items.
Defendant denies each and every allegation of Plaintiff's Original Petition, and demands strict proof thereof as required by rules of evidence and procedure for the State of Texas.
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.
(NEW PAGE)CERTIFICATE OF SERVICE (centered)
I certify that on (date filed) a true and correct copy of Defendant's Original Answer was served to the opposing party.
Again, this is just a SAMPLE.
I hope this helps and clarifies. Good luck.
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