Kearney v. McCauley Et Ux.

Opinion by

Mr. Chief Justice Maxey,

This was an action of assumpsit on an alleged oral agreement entered into on April 6, 1939, contemporaneously with the execution and delivery of a deed, from the plaintiff to the defendants, whereby the defendants were to reconvey the said property to the plaintiff, within a reasonable time, for the sum of $5,191, plus interest on $3,800 from April 6, 1939, on the theory that the agreement created a trust in said property for the use and benefit of the plaintiff.

On November 1, 1945, defendants entered into an agreement to sell the property' to other persons.…