Doran, Brouse & Price v. Bunker Hill Oil Mining Co.

Action to enforce an alleged trust. Judgment went for plaintiff, from which, and an order denying defendant’s motion for a new trial, it prosecutes this appeal on a bill of exceptions.

Appellant insists that the court erred in overruling its general demurrer interposed to the complaint, which, in substance, discloses the following facts: Both defendant and plaintiff were corporations. On August 28, 1903, they entered into an agreement as follows:

And on said date deposited the deeds described in the agreement with a bank to be held by it and delivered pursuant to the terms thereof. On September 1, 1908, defendant served upon the plaintiff notice of the affirmance of the judgment, and stating that unless plaintiff paid the ten thousand dollars within thirty days defendant would- apply to the bank for a delivery of the deeds. On September 25, 1908, defendant, for the purpose of defrauding plaintiff, by means of representations made to the bank, to the effect that plaintiff and defendant had agreed that the bank should deliver the deeds to defendant, and that plaintiff had relinquished all right or claim thereto, induced the bank to deliver to it the said deeds so deposited under…