The appellant secured creditor appealed an order permitting the respondent lien claimant to realize on proceeds from the auction sale of horses despite giving less than the two weeks' newspaper notice required by the Innkeepers Act.
The Court of Appeal held that estoppel by convention was available as a matter of law and was compatible with the statutory purpose of preserving a lien for unpaid horse-care charges.
The owner had notice and an opportunity to redeem, no public complaint arose, and the appellant knew of and was content with the sale proceeding as scheduled while intending to claim excess funds.
In those circumstances, the notice defect did not nullify the respondent's lien and the appeal was dismissed.