Grantham v. Conner

Citations

• 97 Kan. 150
• 154 P. 246
• 1916 Kan. LEXIS 247

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parol Agreement — Relating to Lands■ — Neither Express nor Implied Trust Created. A parol agreement between one who has obtained an option to purchase a tract of land and another, that the latter would buy the land, pay the full purchase price of it and also the amount paid by the first party to obtain the option, taking the title in his own name, and that he would, when the land was sold, pay the first party one-half of any increase that might be obtained for the land, did not create a valid express trust in favor of the first party; and. since no part of the purchase price was paid by him, a trust did not arise in his favor by implication of law under section 8 of the act relating to trusts and powers (Gen. Stat. 1909, § 9701).</p> <p>2. Same — No Partnership Formed. Nor did the agreement of the parties create a partnership relation between them.</p>