Diller v. Ranck

Citations

• 49 Pa. Super. 508
• 1912 Pa. Super. LEXIS 359

Syllabus

<p>Trusts and trustees — Declaration of trust — Assumpsit for money had and received.</p> <p>In an action for money had and received, it appeared that the plaintiff claimed under a writing purporting to be a declaration of trust for the sum of $1,000. The paper set forth that the property was bought by the defendant for $74,375 of which amount $34,786 was cash payment, and the balance was secured by a mortgage. Attached to the writing was a blue print showing that the property was divided into 175 lots, the value of each of which was fixed at $425. Acknowledgment was then made that $1,000 of the aforesaid consideration was paid by the plaintiff, and that the defendant holds the title in trust for the plaintiff, and connected with this declaration is the promise at any time thereafter on the request of the plaintiff to convey the said premises by a good and sufficient deed “free from all encumbrances placed thereon by me.” There was nothing in the instrument to indicate an understanding or agreement that the money itself should be returned to the plaintiff. Held, that the plaintiff acquired an interest in the land, but only in proportion to his contribution, and that he was not entitled to any return of the money in the absence of fraud.</p>