McCullough v. Staver

Citations

• 119 Pa. 432
• 13 A. 440
• 1888 Pa. LEXIS 564

Syllabus

<p>McCullough agreed in writing to sell lands to Staver for $8,000, to be paid with interest in six months. Within the time, Staver sold the lands to Squires for $8,000, and a new contract was made between McCullough, Staver and Squires, in which McCullough agreed to take his payments from Squires at the time fixed in the contract between Staver and Squires, and to convey directly to Squires when the $8,000 was paid in accordance therewith.</p> <p>Under this arrangement Squires paid McCullough to the credit of Staver, $2,000, and received possession but made no further payments. McCullough then brought ejectment against Squires who made no defence and suffered a conditional award and judgment thereon to be entered against him, not for what he had agreed to pay to Staver, but for the balance due from Staver to McCullough.</p> <p>Staver had not been made a party and had been given no notice of this action; subsequently, however, he tendered the balance due from him and brought ejectment against McCullough: Held,</p> <p>1. That under the tripartite agreement, Staver had an equitable title to the lands, and by the same agreement McCullough became a trustee for Staver, holding the legal title to compel payment of the $8,000 payable thereunder.</p> <p>2. That McCullough, not having taken an award and judgment for the entire balance due from Squires, holding the excess over what was due to himself in trust for Staver, it was against equity and his own contract to set up his award and judgment against Squires to defeat the action by Staver, who was therefore entitled to recover.</p>