Gaynor v. Quinn
Gaynor v. Quinn
Opinion of the Court
The failure of the court to follow the practice indicated in
The decree is affirmed at the cost of the appellant.
Reference
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Equity■—Equity practice—Form of findings of fact and law. The court of common pleas in trying an equity case should express its findings of fact and law in separate and numbered clauses or paragraphs so as to present each one independently and distinctly. Trusts and tmstees—Real estate—Title—Equity—Findings of fact. On a bill in equity to establish a trust as to real estate alleged to have been acquired by the use of plaintiff’s money for the joint use of herself and one of the defendants in whose name the title stood, the court found as a fact that the plaintiff by agreement with the defendant had waived her right to receive certain money duo on life insurance policies which had been transferred to her, in order that the money might be used to pay incumbrances on the real estate in question, or to secure title thereto in the event of its sale, and that the money had been so used to acquire title for the joint benefit of the parties. These findings rested on competent testimony. Held, that the decree in favor of plaintiff should be sustained. Contract—Consideration—Surrender of good claim—Compromise. It is a sufficient consideration for a contract that one of the parties to the contract gave up, by way of compromise an apparently good claim.