FLOOD, P. J., March 22, 1960.
It appears to me that the evidence fully justifies the trial judge's finding of the following facts:
That defendant, Tudesco, sold and took a down payment of $5,000 on a 17/32 interest in the West Virginia oil lease, settlement to be made in 37 days; that at the time, he knew that he had assigned all of the income as to 15/32 of the 17/32 and that this assignment was to exist until the assignees had recouped their original investment...
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