RADCLIFF, J.
This lawsuit was instituted by the plaintiff in the Common Pleas Court of Cuyahoga County, Ohio, to impress a constructive trust upon a certain piece of real estate which the plaintiff claimed the defendant, acting as his agent, purchased and took title to in his own name, and that defendant then refused to convey the property upon the tender of the actual purchase price by the plaintiff to the defendant. The issues are
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