Briggle v. Cox

Citations

• 72 Wash. 574
• 131 P. 209
• 1913 Wash. LEXIS 1518

Syllabus

<p>Tenancy in Common — Partition by Parol — Equity — Frauds, Statute oe. A parol partition between tenants in common, followed by possession and improvements in severalty, operates in equity as a severance of tbe cotenancy, which, is not within the statute of frauds.</p> <p>Tenancy in Common — Joint Transactions — Trade—False Representations — Liability bob Secret Bonus. Where tenants in common who had severed their cotenancy by parol and the making of improvements in severalty, afterwards dealt jointly in making a trade of their interests and treated the cotenancy as existing, one of them, standing in a confidential if not fiduciary relation to the other in making the trade, cannot make a secret profit through false suggestion or misrepresentation leading the other to believe that they had contributed the consideration in equal parts; and if he does so, he is liable to the other in an action for money had and received.</p>