Johnson v. Krassin

• Court: Minnesota Supreme Court
• Writing for the Court: Berry
• Citation: Johnson v. Krassin, 25 Minn. 117 (Minn. 1878)
• Decision Date: 29 June 1878
• Parties: GEORGE P. JOHNSON <I>vs.</I> LOUIS KRASSIN.

25 Minn. 117

GEORGE P. JOHNSON vs. LOUIS KRASSIN.

Supreme Court of Minnesota.

June 29, 1878.

Appeal by plaintiff from an order of the district court for Waseca county, Lord, J., presiding, sustaining a demurrer to the complaint.

B. S. Lewis, for appellant.

P. McGovern, for respondent.

BERRY, J.

It is alleged in the complaint that the plaintiff, by defendant's permission, purchased, in defendant's name, a town lot for two hundred and fifty dollars, paying seventy dollars thereon, and taking a contract of purchase in defendant's name, upon defendant's promise to hold the lot in trust for plaintiff, and to transfer the same to him when requested. It is further alleged that the defendant executed in duplicate the contract of purchase, and that he refused to deliver and assign the same to plaintiff when requested; and that in disregard of his promise, and without the consent or knowledge of the plaintiff, he sold and assigned the contract, and all his right, title and interest in and to said lot, to one Masson, for a good and valuable consideration. The complaint further states that payment of said sum of seventy dollars has been demanded of defendant by plaintiff, but has been refused. This action is brought for the recovery of the same and interest.

From the form and character of the averments of the complaint in that behalf, the fair inference is that the alleged agreement between the plaintiff and defendant rested in parol, and was not in writing. The facts set up in the complaint do not make out a case of a trust resulting by act or operation of law, because such resulting trust arises only upon an actual conveyance of land, and not upon an executory contract for such conveyance, or to hold land in trust. Green v. Drummond, 31 Md. 79; Browne on Frauds, § 84 (citing Page v. Page, 8 N. H. 187; Rogers v. Murray, 3 Paige, 390; Jackson v. Morse, 16 John. 199;) Sugden on Vendors, 701; Perry on Trusts, §§ 126, 133, 142; Durfee v. Pavitt, 14 Minn. 424. Neither do they make out an express trust, for that must be by deed or conveyance in writing, as provided in Gen. St. c. 41, § 10. Neither do they make out a case of a valid agreement for the conveyance of lands, or any interest therein, because no such agreement is expressed in writing as prescribed in Gen. St. c. 41, § 12, and no facts are alleged dispensing with the necessity of such writing, As the facts stated in the complaint do not make out either a resulting trust, or an express trust, or an...