Van Sciver v. Churchill

Citations

• 215 Pa. 53
• 64 A. 322
• 1906 Pa. LEXIS 728

Syllabus

<p>Equity — Jurisdiction—Adequate remedy at law — Demurrer.</p> <p>On a bill in equity by a contractor against the owner of a building operation to declare a trust, plaintiff averred that the defendant had agreed to set aside his equity in three houses to secure certain deferred payments represented by notes, the houses to bo conveyed to the plaintiff in default of payment; that the houses were convoyed absolutely to the agent of a trust company, which company subsequently sold them for a price in excess of the mortgages, although it had full knowledge of the contract between the plaintiff and the defendant. Held, that the bill was properly dismissed on demurrer, inasmuch as the plaintiff had an adequate remedy at law against the owner for a breach of contract, and against the agent and the trust company, if liable, for money had and received for plaintiff’s use.</p>