Tuffree v. Brock

Citations

• 3 Cal. Unrep. 761
• 31 P. 1134

Syllabus

<p>Trust.—Where, in an Action to Establish a Trust in lands, there is a substantial conflict in the evidence as to whether or not a certain person, one of defendants, in making a purchase of the lands, was the agent of plaintiff, a finding that he was not such agent will not be disturbed.</p> <p>Trust—Action to Establish.—In Such Action a Witness Testified that after the purchase by such defendant the latter said he had paid a certain sum to bind the sale, and asked witness if he and a friend did not wish to take a part in it; that the next day they met at plaintiff’s room, and heard that both made a claim to the land, and gave the idea up; that such defendant claimed the property for himself; and that afterward plaintiff claimed the property. Held, that it was not error to exclude evidence by such witness that he and his friend went to plaintiff’s room for the purpose of acquiring an interest in the land from plaintiff on the assumption that he had an interest therein.</p>