Altoona Coal & Coke Co. v. Burk

Citations

• 172 Pa. 53
• 33 A. 326
• 1895 Pa. LEXIS 729

Syllabus

<p>Deed — Principal and agent — Evidence.</p> <p>Lands purchased by an agent were to be taken in the name of a trustee for the pui’chasers. When the deed for one tract was prepared the name of the trustee was omitted as grantee, but he was mentioned in the receipt in the deed as the person from whom the purchase money was received. The lands were afterwards assessed in the name of the trustee. Subsequently the agent procured the vendors to make a deed for the same land to himself, alleging that the first deed had been lost. He claimed that lie had bought the land with money furnished by his wife, but the proof failed to convince the master. In an action brought by the agent against the cestui que trust for compensation for service in buying lands, his statement showed that he claimed compensation for purchasing this tract. Held, that the second deed should be canceled.</p>