Stocker v. Hutter

Citations

• 134 Pa. 19
• 19 A. 427
• 1890 Pa. LEXIS 1290

Syllabus

<p>(а) Plaintiff and defendant entered into contracts in the business of buying wood lots and cutting and marketing timber therefrom, wherein the defendant was to advance the purchase money for the lots, and all the moneys needed to pay the expenses of cutting and marketing the timber.</p> <p>(б) The plaintiff was to cut and market the timber and pay the proceeds over to the defendant, who was to keep proper accounts of the same, and, after being reimbursed his advancements, etc., he was to account to the plaintiff, in a certain manner, for the balances remaining: ></p> <p>1. The complicated and disputed accounts between the parties having been examined and adjusted by a master, and his report approved by the court, the final decree on the account stated would not be disturbed upon assignments of error directed to the master’s findings of fact, and to the account stated in pursuance thereof.</p> <p>2. The defendant, by the-agreements between the parties, was in the position of the trustee and banker of the plaintiff; his duty required him to furnish the plaintiff with particular accounts of the business on demand, failing to do which, though admitting a liability to account in the proceeding, he was to be charged with the entire costs thereof.*</p> <p>3. The defendant having covenanted in one of the agreements to advance the moneys needed to pay the expenses, and testifying that he was to receive no interest individually, and the contract being silent on the subject, the plaintiff was not chargeable with discounts paid by defendant to raise money with which to make the advancements.</p>