Hirst's Estate

Opinion by

Mr. Justice Kephart,

Appellant’s claim in the court below against the estate of Charles S. Hirst was based upon a supposed agreement whereby Hirst, to whom Hess was indebted, agreed to purchase a certain coal property in Clearfield County, Pa., with the understanding that, after purchasing the property, Hirst was to sell it, pay the indebtedness, and account to Hess for the balance of the *288purchase price. Hess claims the property sold for $12,-000, and, after paying certain items totaling $8,500, a balance of $3,500 was due. Claimant’s evidence is not sufficient to establish a trust;…