Farrell v. Mentzer

Citations

• 102 Wash. 629
• 174 P. 482
• 1918 Wash. LEXIS 1080

Syllabus

<p>Trusts—In Land—Parol Evidence—Frauds, Statute op. The statute of frauds is an absolute provision that parol evidence is inadmissible to establish an express trust in real estate.</p> <p>Same—In Land—“Express Trust.” An express trust is created by the breach of an agreement whereby defendants agreed to purchase the assets of a bankrupt corporation at the trustee’s sale for the joint benefit of the defendants and the plaintiff, who was a stockholder and had made a deposit to guarantee his bidding at the sale, the defendants having purchased at the sale and refused to perform their agreement to convey one-half to the plaintiff, whose deposit was returned to him; it appearing that the plaintiff’s interest in the company was so slight as not to avail him anything.</p>