Hays v. Gloster

Citations

• 88 Cal. 560
• 26 P. 367
• 1891 Cal. LEXIS 733

Syllabus

<p>Constructive Trust— Setting aside Transfer— Mental Incomfetency — Fraud — Promises with Intent to Deceive. —A trust in real and personal property may be declared and enforced, where it appears that the property was transferred to the defendant at his solicitation, while the plaintiff’s mental condition was such that he was incompetent to transact business, and that he was induced to transfer the property to the defendant by the fraudulent acts and representations of the defendant that he would manage the property and reconvey it to the plaintiff after paying off the plaintiff’s debts; that there was no further consideration, and that all the statements and representations made by the defendant were false and fraudulent, and were knowingly made with the intent to deceive and defraud the plaintiff.</p> <p>Id.—Statute of Frauds — Parol Evidence.—Trusts in real property arising from fraud, actual or constructive, are not within that part of the statute of frauds which requires the trust to be declared by a written instrument; but such trusts arise by operation of law, and may be proved by parol evidence.</p> <p>Id. — Intent not to Perform. — A promise made without any intention of performing it is fraudulent.</p> <p>Id. — Rescission of Contract — Weakness of Mind — Inadequacy of Consideration — Undue Influence. — A contract may be set aside in equity where there is imbecility or weakness of mind arising from old age, sickness, intemperance, or other cause, and plain inadequacy of consideration, or where there is weakness of mind and circumstances of undue influence and advantage.</p>