CLARK, Circuit Judge.
This is a fraud action to recover $10,500 which the plaintiff found in his basement and turned over to his landlord, the defendant, on the latter's representation that he was the owner. Plaintiff and defendant had adjoining duplex apartments in a two-family house owned by the defendant, and each duplex had two floors and a basement. Plaintiff rented his apartment from the defendant starting in January 1952, and, with defendant's permission, immediately...
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