Gabel v. Kilgore

TERRELL, J.:

The bill of complaint prayed to impress a trust on certain lots of land in Orlando, Florida, purchased by appellee at the instance of appellant. The point in controversy is whether Kilgore bought the lots as the agent of Gabel or for himself and Gabel, with the understanding that they would be divided between them. The Chancellor found that the evidence did not preponderate in favor of the complainant and dismissed the bill.

We think the Chancellor applied a wrong rule of law to the evidence. It is ample to show that Kilgore made a contract with Gable to purchase the lots.

In Ahern…