Barton v. Barton
Barton v. Barton
Opinion of the Court
This was an action brought by appellee against appellants for an accounting and to set aside a deed.
The complaint was in one paragraph, to which a demurrer for want of facts was overruled. Appellants answered by a general denial. The cause was submitted to the court for trial. The court found the facts specially, and stated conclusions of law thereon, which are a part of the record. Judgment for appellee.
The ruling of the court in passing on the sufficiency of the complaint is the only error assigned. The complaint charges, in substance, that for a period of fifteen years appellant, John D. Barton, was the agent of appellee, Daniel J. Barton, and during said time he bought and sold real estate and personal property for the latter; that appellee furnished money for that purpose, and said appellant received said sums, and as agent for appellee, used them for the purchase of real estate and other purposes, for appellee’s benefit; that during said time appellee advanced to said appellant the sum of $2,000, which sum, with interest thereon, and profits derived from the sale of real estate purchased with the same, is now due and owing to appellee from said appellant; that on April 18, 1908, appellee revoked the agency, and thereafter demanded an accounting, and the amount so due him as interest and profits, which demand was refused by appellant, John D. Barton; that said John D. Barton, as the attorney in fact of appellee, transferred and warranted to his wife, Anna B. Barton, appellant herein, certain real estate described in the complaint, belonging to appellee; that said conveyance was voluntary and without any consideration whatever, and appellee has received no proceeds from the sale thereof. It is prayed that an accounting be had; that the conveyance to- Anna Barton be declared fraudulent and void; that a trustee be appointed to reconvey to appellee and that
Judgment affirmed.
Note. — Reported in 100 N. E. 688. See, also, under (1) 31 Cyc. 281; (2) 31 Cyc. 288. As to the doctrine that an agent to sell can not sell to himself, and Its application to a sale by him to his wife, see 80 Am. St. 559.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.