Dickson v. Patterson

Citations

• 160 U.S. 584
• 16 S. Ct. 373
• 40 L. Ed. 543
• 1896 U.S. LEXIS 2122

Syllabus

<p>In May, 1888, 3?., having an opportunity to purchase ten acres oí land near Omaha, at a cost of $3600, payable $1250 in cash, the rest on credit, wrote to D. that he could buy the tract for $4800, payable $2500 in cash, the rest on credit, and asked him to join-in the purchase. D. assented, sent his $1250 to P., and joined in a mortgage for the balance of the purchase money. In October, 1885, P. wrote to D. that he had sold the ten acres to B. for $6000, $3000 of which were in cash, and enclosed a cheque for $1500, and a deed to B. to be executed by D. in which the consideration was expressed at $6000. This amount was subsequently changed to $10,000 without D.’s knowledge. On the day after receiving the deed, B. reconveyed the property to P. The land was laid out into lots and streets under direction of P., and some of the'lots were sold to bona fide purchasers. After the institution of this suit, the remainder was conveyed by P. to one M., for a recited consideration of■ $19,425. In Pebruary, 1887, the deception practised by P. as to the price of the land, and as to the change in the consideration of the deed to B. came to the knowledge of D., who thereupon wroté P., calling upon him to refund the overpayment in the purchase money, and to pay him one half of the increase in the amount of the consideration for tlie deed to B. ' P. made no payment, and ‘commenced a correspondence which lasted until D. became possessed of knowledge of the reconveyance by B. to P. This bill in equity was then filed by D., praying for an accounting, and that he be decreed entitled to all the benefits of the original purchase, and that the deed to B., the deed from B. to P., and the deed from P. to if. be declared fraudulent; that P. be required to convey to I). so much of the premises as had not been conveyed to other parties for a valuable consideration; that he account to plaintiff for the sums received from such sales, and that he be restrained from selling other lots. The court b