Scribner v. Meade

Citations

• 10 Ariz. 143
• 85 P. 477
• 1906 Ariz. LEXIS 112

Syllabus

<p>1. Trusts — Constructive Trust — What Sufficient to Constitute— Fraud. — In an aetion to establish a constructive trust, fraud actual or constructive must be found, and a mere verbal promise to purchase and convey with a subsequent refusal to convey is not sufficient.</p> <p>2. Statute of Frauds — Verbal Promise to Purchase and Convey— Kev. Stats. Ariz. 1901, Par. 2696, Construed.; — A verbal promise by defendant to purchase real estate and convey a certain interest therein to plaintiff: is unenforceable because not in writing as required by paragraph 2696, supra.</p> <p>3. Trusts — Constructive—Evidence — Sufficiency. — Facts showing that plaintiff and defendant had agreed to purchase certain real estate, each to have a half interest therein; that plaintiff: had on deposit with defendant a large sum of money, and told defendant that payment for plaintiff’s share could be made from such funds; that defendant never agreed to so use the money; that defendant purchased the property, taking the title in his own name, and paid the full purchase price from his own funds; that defendant offered to deed plaintiff a half interest but plaintiff refused to accept the deed; that thereafter plaintiff sent defendant a check to make the sum in defendant’s hands equal half the purchase price of the land, and demanded a deed, — are not sufficient to charge defendant with a constructive trust in favor of plaintiff.</p>