Brys v. Pratt

Citations

• 55 Wash. 122
• 104 P. 169
• 1909 Wash. LEXIS 718

Syllabus

<p>Actions — Nature and Form — Legal or Equitable — Trusts—Damages. A cause of action for damages is stated, and it is error to sustain a demurrer, where the complaint alleged the transfer of property of the value of $2,700 to trustees for the purpose of sale, $1,300 of debts to be paid out of the proceeds, and that the trustees, fraudulently conspired with another and privately sold the property for $900; since no necessity for an accounting of the trust appears; or if shown by answer, the case can be tried either in equity or at law, the defendants not being confined to the issues tendered.</p>