Small v. Badenhop

OPINION OF THE COURT BY

NAKAMURA, J.

Charles and Ruth Small brought suit against Alvin and Patricia Badenhop, “seeking to have a constructive trust imposed on two properties [now owned by Alvin Badenhop 1 ], to wit, a 5,141 square-foot property which Plaintiffs [had] owned in fee simple and a 34,091 square-foot property which Plaintiffs had purchased on an agreement of sale.” Imposition of a trust was sought on grounds that the smaller parcel had been conveyed to the defendants and they had been permitted “to take over [the] agreement of sale .. . [covering the larger parcel] pursuant to and in…