Powers v. Black

Supreme Court of Pennsylvania
Powers v. Black, 159 Pa. 153 (Pa. 1893)
28 A. 133; 1893 Pa. LEXIS 1490
Dean, Gbeen, Mitchell, Sterbett, Thompson, Williams

Powers v. Black

Opinion of the Court

Per Curiam,

Both reports of the learned master, considered with special reference to the exceptions thereto recited in the first twelve, together with the fourteenth to sixteenth specifications inclusive, have satisfied us that neither of said fifteen exceptions should have been sustained, and hence there was no error in overruling them and entering the final decree.

In view of the' established facts, there was no error in decreeing as complained of in the thirteenth specification, “that in the purchase and sale of the complainant’s real estate by Galen C. Hartman, one of the respondents, as alleged in the bill and as found by the master, the said Galen C. Hartman and his co-respondents, Black & Baird, were trustees of the complainant and, as such, are accountable to him.” The reference to a master to take and state an account of the dealings and transactions of and between the parties, etc., was a necessary result *159of the trust relation; and, on the coming in of the account, to which there were no valid exceptions, the final decree complained of in the seventeenth specification was rightly entered.

The questions involved were fully considered and correctly disposed of by the learned master and court below. # In view of this, further discussion of them is unnecessary.

Decree affirmed and appeal dismissed with costs to be paid by appellants.

Reference

Cited By
3 cases
Status
Published
Syllabus
Principal and agent — Real estate brokers — Purchase by agent. A firm of real estate brokers who agree to sell land for another cannot sell the land to one of their own employees, although they may have previously used every effort to sell the land to other persons. If they permit their employee to purchase the land, they are bound to account to the owner for all the profits which the employee may have made out of the transaction, although they themselves may not have participated in the profits.