Judgment reversed on the law and the facts and a new trial ordered, with costs to abide the event.
In our opinion, plaintiff failed to establish: (a) the existence of a confidential relation between the parties when the alleged oral agreement was made; (b) the making of the alleged agreement; and (c) unjust enrichment of defendant at plaintiff's expense. Hence, on the basis of such proof, the court could not impress a constructive trust upon the subject...
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