116 N.Y.S. 700 | N.Y. App. Div. | 1909
The plaintiff' brings this action in equity to establish the existence of a trust relation between the parties growing out of certain real estáte transactions and for an accounting by the defendant respecting the proceeds thereof. The plaintiff’s cause of action is based upon the theory that he had contracted for two certain parcels of real estate intending to sell them to a real estate company by which he was employed as a sales manager upon a com mission basis; that for reasons of his own he employed the defendant for a con sideration of §100 to act as a dummy in the transaction, the plaintiff furnishing all of the money; that the defendant entered into the arrangement, became the nominal party to the contracts which were entered into, resulting in a profit of over $2,000, which sum the defendant has failed to pay over to the plaintiff. The