Baile v. Robinson

Citations

• 43 Pa. Super. 325
• 1910 Pa. Super. LEXIS 48

Syllabus

<p>Trusts and trustees — Conveyance of property — Breach of trust.</p> <p>Where in. an action of trespass it appeared that the plaintiff, a contractor for a building operation, agreed in writing to take a note from the owner, for work to be done with the equity in one of the houses of the operation as security for its payment, and it also appears that on the very day of the written agreement, the owner conveyed the building in question to a third person without consideration, and such person conveyed to the defendant also without consideration, and with full knowledge of the written agreement, and the defendant conveyed the property to an innocent purchaser for value who held it without any record or actual knowledge of the agreement, but it does not appear at what time the work was finished or that the plaintiff had ever demanded an assignment to him of the equity, or that the owner was insolvent at any time prior to the bringing of the suit, the plaintiff has no standing to recover damages from the defendant on the theory that the latter held the title in trust for the plaintiff and that he committed a breach of trust in making the conveyance which he did.</p>