Burton v. Trainer

Citations

• 27 Pa. Super. 626
• 1905 Pa. Super. LEXIS 116

Syllabus

<p>Equity — Equity jurisdiction — Accounts—Multiplicity of suits — Trusts and trustees.</p> <p>Where four persons enter into an agreement with each other to purchase real and personal property at a sale, and to re-sell the same, and one of the number acts as trustee for all parties in the transaction, which results in profit, and it appears that the accounting among the parties is complicated by the fact that there were unequal contributions to the purchase money, although the parties were to share equally in the profits, assumpsit cannot be maintained by one of the parties against the trustee for a share of the profits. In such a case equity is the proper remedy.</p>