Campbell v. Northwest Eckington Improvement Co., 229 U.S. 561 (1913)

Campbell v. Northwest Eckington Improvement Company

No. 251

Argued April 23, 24, 1913
Decided June 9, 1913
229 U.S. 561

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

A deed for an undivided interest in unimproved real estate heavily encumbered given to a third party in pursuance of prior agreements to undertake to aid in the financial and practical development of the property held to have been given for the undertaking, and not for the performance, and to have presently vested the grantee with the interest conveyed absolutely as stated on its face, and not by way of security only.

The burden is on the complainant seeking to give a different effect to a deed than that of its face, and where the bill does not waive an answer under oath, and defendant does answer under oath, weight must be given to the answer. Vigil v. Hopp, 104 U.S. 441.

To justify the setting aside of a solemn instrument of conveyance deliberately made by parties sui juris and giving it an effect different from its plain purport, the evidence should be clear, unequivocal and convincing. Maxwell Land Grant Case, 121 U.S. 325, 381.

An agreement to give skill and experience as a builder and contractor does not necessarily imply that he is to personally act as superintendent of construction, nor, under the circumstances of this case, should his accounts be surcharged with the amounts paid for wages to a superintendent employed by him.

One who, under an agreement, is to be reimbursed for his outlay should keep proper account of his receipts and disbursements and preserve the vouchers therefor.

36 App.D.C. 149 reversed.

The facts, which involve the construction of contracts relating to, and rights of co-adventurers in, a real estate enterprise in the District of Columbia, are stated in the opinion.