Nicolds v. Storch
67 Cal. App. 2d 8 ·
California Court of Appeal · Filed
Published · citable
Holding
The court held that an oral agreement to surrender, abandon, or rescind a resulting trust in real property is enforceable and not barred by the statute of frauds when the trust itself was created by parol evidence and the surrender is fully executed, particularly where the trustee has detrimentally relied on the beneficiary’s abandonment of interest.
Statutes construed
- CCP § 1971