DONWORTH, J.
This is an action to recover damages for constructive fraud in connection with the sale of partnership property.
The complaint alleged actual fraud on the part of the defendants, but the trial court, in its memorandum opinion, stated that the proof had failed to show actual fraud and that constructive fraud only was involved in the case.
The case came on for trial before the court without a jury. In addition to the testimony of the parties...
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