26 So. 2d 166 | Fla. | 1946
The bill of complaint prayed to impress a trust on certain lots of land in Orlando, Florida, purchased by appellee at the instance of appellant. The point in controversy is whether Kilgore bought the lots as the agent of Gabel or for himself and Gabel, with the understanding that they would be divided between them. The Chancellor found that the evidence did not preponderate in favor of the complainant and dismissed the bill.
We think the Chancellor applied a wrong rule of law to the evidence. It is ample to show that Kilgore made a contract with Gable to purchase the lots.
In Ahern v. Florida Real Estate Commission et al.,
Since this is the rule, the presumption is that Kilgore was a real estate broker and nothing more. If he asserts an interest other than that, the burden is on him to prove it beyond question; not only that, he must also show good faith and that his interest was well known to his client at the time of his employment. The evidence on the point falls far below this standard. *422
The judgment appealed from is, therefore, reversed. If appellee fails to support his claim with the degree of proof here required, the prayer of the bill should be granted on authority of Quinn v. Phipps,
Reversed.
CHAPMAN, C. J., BUFORD and ADAMS, JJ., concur.