Spruance v. Equitable Trust Co.

Citations

• 12 Del. Ch. 12
• 103 A. 577
• 1918 Del. Ch. LEXIS 12

Syllabus

<p>The common-law disability of husband and wife to contract with each other still exists, and such contracts cannot be enforced in an action at law during coverture or against the representatives of the deceased spouse; and the remedy of the surviving spouse is by equitable assumpsit.</p> <p>An allegation that a certain transaction constitutes a loan of money by a wife to her husband is not supported by evidence that she expended her own money on improvements made to his real estate.</p> <p>Where a wife pays to her husband money for the purchase of land as her agent, and with her knowledge he takes title to the land in his own name, she is entitled in equity to recover from his estate the money so paid to him, and also the profits made on a resale by him of the land and the net rents thereof, even in the absence of an agreement on his part.</p> <p>The unexplained payment of money by a wife to her husband does not raise a presumption that a loan was intended, and she is not entitled to enforce repayment in a court of equity.</p> <p>Interest is payable to a wife for her money used by her husband, as her agent in the purchase of real estate in his own name; he being chargeable as trustee.</p>