Orr v. Perky Investment Co.

Citations

• 65 Wash. 281
• 118 P. 19
• 1911 Wash. LEXIS 915

Syllabus

<p>Pleading — Equitable Relief — Prayer of Complaint — Immateriality. In an action for equitable relief, an unnecessary prayer for the reformation of an instrument is of no controlling force upon tbe relief that may be granted, where the complaint and proofs establish a constructive trust ex maleficio.</p> <p>Brokers — Commissions—Oral Contracts — Frauds, Statute of. An oral contract between brokers to divide commissions is not within the statute of frauds, Rem. & Bal. Code, § 5289, requiring an agreement employing.a broker to sell real estate to be in writing.</p> <p>Trusts — Constructive Trusts — Evidence — Frauds, Statute of. Where- defendants, real estate brokers, having orally agreed with plaintiff to divide commissions on a sale of real estate, fraudulently represented the same as cash when in fact the commissions received was a lot of greater value, a constructive trust ex maleficio arises, which does not fall within the statute of frauds and may be established by parol evidence.</p>