This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Estoppel can exist only where there is some wrongful act or omission of the person against whom estoppel is sought to be enforced. Where the person held out as a partner does not know that he is thus held out and is guilty of no negligence he cannot be held liable.1
Conduct not calculated or intended to mislead cannot be relied on as an estoppel. Thus the fact that a partnership has often given its check against funds in a certain bank to pay the individual debt of a partner is not such a course of dealing that it is estopped to deny the validity of a note signed with the partnership name, and given to such bank by one of the partners to take up his individual debt.2
The declaration of one alleged partner as to the existence of the partnership does not bind the other,3 and is not even admissible against such other,4 though it is as against the party making it.5