Rich v. Black & Baird
Supreme Court of Pennsylvania
Appeal, No. 222, Oct. T., 1895, by defendants, from decree of C. P. No. 2, Allegheny Go., Jan. T., 1895, No. 820, on bill in equity. Bill in equity for an account and for a reconveyance of real estate. The case was heard on bill, answer and proofs, by Ewing, P. J., from whose opinion the facts appear. It is conceded that Mrs. Rich, the plaintiff, was in December, 1889, the owner of the tract of land, concerning which this contention arises.
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Appeal, No. 222, Oct. T., 1895, by defendants, from decree of C. P. No. 2, Allegheny Go., Jan. T., 1895, No. 820, on bill in equity. Bill in equity for an account and for a reconveyance of real estate. The case was heard on bill, answer and proofs, by Ewing, P. J., from whose opinion the facts appear. It is conceded that Mrs. Rich, the plaintiff, was in December, 1889, the owner of the tract of land, concerning which this contention arises. She resided on Grant avenue, in Allegheny city. Messrs. D. P. Black, M. I. Baird and J. L. Gloninger composed the firm of Black & Baird, who, at that time…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The rule of public policy which avoids, at the instance of the cestui que trust, purchases made by agents for sale is practically absolute in its character. Courts of equity view such transactions with jealous eye; and it is only under special circumstances ' amounting to a dissolution of the trust relation, when the parties have dealt at arms length, that their validity is recognized: Davoue v. Fanning, 2 Johns. Ch. 254. And the reasons are obvious. On the one hand, the : elation which such *99agents bear is confidential, and disarms the vigilance of their…
2Cases cited6 opinions
- Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
- Estate of MarshallSupreme Court of Pennsylvania · 1890
- Swisshelm's AppealSupreme Court of Pennsylvania · 1868
- Parshall's AppealSupreme Court of Pennsylvania · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wilkinson v. McCulloughSupreme Court of Pennsylvania · 1900
- Schaeffer v. JonesSupreme Court of Pennsylvania · 1928
- White v. JouettCourt of Appeals of Kentucky · 1912
- Texas Brokerage Co. v. John Barkley & Co.Court of Appeals of Texas · 1910
- Wood AppealSuperior Court of Pennsylvania · 1950
12 more not listed; retrieve them via the Exa API.