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VARGAS v. ESQUIRE

No. 9209.

166 F.2d 651 (1948)

VARGAS v. ESQUIRE, Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 12, 1948.

Attorney(s) appearing for the Case

Edward R. Johnston, James A. Sprowl, and Alan R. Johnston, all of Chicago, Ill. (Poppenhusen, Johnston, Thompson & Raymond, of Chicago, Ill., of counsel), for appellant.

Earle E. Ewins and Edward S. Price, both of Chicago, Ill. (Musgrave, Ewins, Price & Notz, of Chicago, Ill., of counsel), for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff, a citizen of Illinois, brought this action against defendant, a Delaware corporation, to cancel and set aside a contract entered into between the parties. The case was tried by the court without a jury. The trial judge made special findings of fact. He concluded as a matter of law that at the time of the execution of the contract a relationship of special trust and confidence existed between plaintiff and Smart (defendant's agent...

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