Borrow v. Borrow

Citations

• 34 Wash. 684
• 76 P. 305
• 1904 Wash. LEXIS 402

Syllabus

<p>Appeal — Review—Findings on Conflicting Evidence. Where there is decided conflict on material points, the trial court’s decision as to the weight of the evidence should not be disturbed, where the trial court saw and heard the witnesses.</p> <p>Vendor and Purchaser — Advancement of Price for Benefit of Another — Resulting Trust — Deed as a Mortgage. Where a daughter advanced the price, $1,800, for premises purchased by her parents, taking a deed in her own name, under an oral agreement whereby they agreed to repay the purchase price within two years, with $15 per month as compensation for the loan, she occupies the double position of trustee of a resulting trust and mortgagee, holding the title for her parents and as security for the amount advanced.</p> <p>Same — Statute of Frauds — Parol Evidence. Such a resulting trust is excepted from the operation of the statute of frauds' and may be proved by parol evidence, where there is mutual obligation to pay and receive the money advanced.</p> <p>Same — Part Performance — Possession as Tenants. The fact that the purchasers were in possession as tenants of the former owner at the time of the agreement can not be urged to show that there was no taking of possession amounting to part , performance to take the ease out of the statute of frauds, where it further appears that, relying upon their agreement, the parties purchased and paid for an adjoining lot for use in connection with the premises, made improvements on the premises, and paid interest on the loan, .such expenditures and change in the situation creating an equitable estoppel against the plea of the statute of frauds requiring contracts for the purchase of real estate to' be in writing.</p> <p>Same — Agreement Not to Be Performed Within One Year. Such a trust relation and part performance defeats the claim that the agreement was an oral contract not to be performed within one year.</p>