31 Wash. 528 | Wash. | 1903
The opinion of the court was delivered by
— Appellants brought this suit, and asked that respondents be declared to hold certain real estate in trust for appellants, and that they be required to convey the same to the latter. Appellants are hnsband and wife, and respondents are also husband and wife. The complaint alleges that appellants desired to purchase certain real estate in Anacortes, but were unable to negotiate there
The assignments of error are almost wholly based upon exceptions to the court’s findings, and upon its refusal to find as requested. We have read the evidence, and find it
It is further urged that, even if it shall be found that the contract creating a fiduciary, relation, and an implied trust, arising from breach of such contract, have not been established by the evidence, still the complaint is also based upon the further theory that a resulting trust has arisen, from the fact that the purchase money was paid by appellants, and title taken in the name of respondents. It is true; it appeared in evidence, and the court found, that the $600 paid by appellants became the purchase money for the whole of the lots; hut it was further found that respondent Gus Hensler had completed negotiations for the purchase of the whole of the lots for $600 more than a month before negotiations began between him and appellants, and, further, that his negotiations with the latter began with a plain offer to sell them the south half of the lots, and ended with an agreement on their part to buy said south half for said sum of $600. The court also found that the advancement of the $600 was made by appellants on the promise of said Hensler that when he received
It is assigned that error was committed in admitting in evidence certain letterpress copies of letters written by respondent Gus Hensler to the vendor of the property, and also of replies thereto. These letters concerned the nego
The judgment is affirmed.
Fullerton, C. J., and Mount, Dunbar, and Anders, JJ., concur.