Given v. Sands

Citations

• 216 Pa. 463
• 66 A. 70
• 1907 Pa. LEXIS 843

Syllabus

<p>Trusts and trustees — Deed—Equity.</p> <p>The husband of a grantee in a deed wrote a letter to the grantor immediately upon the delivery of the deed to the effect that he understood that he, the writer, was to look after the property to pay the taxes, keep up repairs, collect the rents, and sell it for a price agreed upon and “after everything has been equitably satisfied,” that the grantor should receive whatever balance there might be. After a sale of the property for an amount in excess of the grantor’s debt, the grantor filed a bill in equity against the grantee and her husband for an accounting of the balance. The defendants alleged that the grantor was indebted to them in another matter, and that the words “after everything has been equitably satisfied,” were intended to include all matters of account between the parties. This was denied by the grantor. It appeared from the evidence, that it was manifest from the beginning that if the other debt had been contemplated by the parties there could have been under no circumstances any balance remaining. Held,' reversing the court below, that the plaintiff was entitled to the balance which he claimed-.</p>