Fowler v. Webster

Citations

• 180 Pa. 610
• 37 A. 102
• 1897 Pa. LEXIS 974

Syllabus

<p>Trusts and trustees — Parol trust — Evidence.</p> <p>To establish a trust by parol the evidence should be clear and convincing.</p> <p>- In a bill in equity plaintiff alleged that he entered into a parol agreement with the defendant for the purchase by them of land for their joint benefit; that the contraefc with the vendor was made in the name of the defendant, who agreed to convey to plaintiff a half interest in the land; that plaintiff paid to the defendant from time to time sums of money to be applied to the purchase; that in violation of the agreement the defendant refused to account for the money received from the sale of stone quarried on the land, and for the proceeds of the sale of the land. The prayer was that the defendant be decreed a trustee, and that he account. The answer filed denied every allegation of the bill, and the testimony of the witnesses was conflicting and irreconcilable. The acts of both plaintiff and defendant tended to indicate that the entire and absolute right of management, control and disposition of the property was in the defendant. There was evidence from which the inference could be-drawn that the payments made by plaintiff were connected with a partnership for quarrying stone, which admittedly existed for a few months between the parties. Held, 'that there was no error in dismissing the bill.</p>