Shaffner v. Shaffner

Citations

• 145 Pa. 163
• 22 A. 822
• 1891 Pa. LEXIS 660

Syllabus

<p>1. The violation, by the purchaser at sheriff’s sale of an interest in real estate, of a parol agreement that he would buy for another, a stranger to the title but occupying the property, and convey to the latter on the payment of the purchase money, will not create a trust ex maleficio in favor of the promisee.</p> <p>2. Evidence of the payment by the promisee of the taxes subsequently assessed upon the property, and for repairs and improvements subsequently made, tends only to establish the parol agreement as alleged, but not that there was such fraud when it was made as is requisite to create a trust ex maleficio.</p>