Opinion
Gen. No. 44,520. (Abstract of Decision.)
Opinion filed November 1, 1948 Rehearing denied November 15, 1948 Released from publication November 15, 1948
RESCISSION AND CANCELLATION, §§ 81, 83 — insufficiency of evidence of fiduciary relationship or fraud. In suit to rescind sale of stock and mortgage notes of a corporation, organized by defendant and plaintiff's deceased husband, on ground that a fiduciary relation existed between plaintiff and defendant and that defendant induced plaintiff to sell stock and notes at a grossly inadequate price by false representations as to financial condition of corporation, evidence warranted decree dismissing complaint on ground that plaintiff failed to establish existence of a fiduciary relationship or fraud.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. U.S. SCHWARTZ, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the April term, 1948;
Henry S. Blum and Edward M. Keating, for appellants;
Immenhausen, Banovitz Balin and Wilson Mcllvaine, for appellees.
Not to be published in full. Opinion filed November 1, 1948; rehearing denied November 15, 1948; released for publication November 16, 1948.