Aitchison v. Carruthers

Contract to Share in Profits of Land—Payment of Proportion of Purchase Price—Bepudiation by Promisee—Action by Trustee in Bankruptcy to Becover Profits—Pleading.—The trustee in bankruptcy of a person having a right under a written contract with the owner of a tract of land to share in the profits thereof upon paying to such owner one half of its purchase price, the payment of which had been repudiated by the bankrupt, cannot maintain an action for the sale of the land, and a division of the profits resulting therefrom, upon a mere allegation that he is willing for the benefit of the bankrupt’s estate to assume the obligations imposed in said contract upon the bankrupt.

Id.—Quieting Title bt Owner—Evidence of Consideration for Contract.—In an action by the owner of such land to quiet title against the right asserted by the trustee under such contract, it was not error to admit parol evidence showing the true consideration of the contract, if such evidence did not in any respect tend to vary or defeat any of the conditions or covenants expressed therein.

Id.—Failure to Find Value of Land Immaterial.—In such action, in which the trustee sets up his right under such contract and prays for a sale of the land and a division of the profits, without showing himself to be entitled to any equitable interest in the land, it was not error for the court to refuse to make a finding fixing the cash value of the property.