Opinion
September 11, 1951. Rehearing Denied October 15, 1951.
Appeal from the Circuit Court, Polk County, Don Register, J.
W. Wallace Shafer, of Bentley Shafer, Lakeland, for appellants.
Gordon Petteway, of Smith Petteway, Lakeland, for appellees.
This appeal is from a final decree dismissing the bill of complaint in a suit to impress a constructive trust upon certain property therein described. The gist of the plaintiffs' complaint is that they entrusted to the defendant Rogers the responsibility of purchasing the property for the plaintiffs; that Rogers accepted such responsibility and trust; and that, in violation thereof, Rogers purchased the property for himself. Rogers denied that he was charged with or assumed such responsibility, and alleged that the only obligation he ever assumed for the plaintiffs was to let them know if and when the property was placed on the market for sale and that he had discharged such responsibility; and that no relationship of trust and confidence existed between him and plaintiffs which was any different than that which existed between him, as general manager of a citrus cooperative association, and the other members of such association.
Trial was had before the Chancellor, who found that the evidence — much of which was conflicting — was insufficient to establish the constructive trust, and the bill was dismissed.
This court has repeatedly announced the rule that a constructive trust may be proven by parol testimony, but that the evidence to establish such a trust must be clear, strong, and unequivocal as to remove from the mind of the chancellor every reasonable doubt as to the existence of the trust. Lofton v. Sterrett, 23 Fla. 565, 2 So. 837; Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 54 A.L.R. 1173, and cases therein cited. When judged in the light of this rule, we do not think it has been made to appear that the Chancellor erred in holding that the plaintiffs had failed to establish the existence of a constructive trust.
Accordingly, the final decree appealed from should be and it is hereby
Affirmed.
SEBRING, C.J., and CHAPMAN and ADAMS, JJ., concur.