DeCOTIS v. D'ANTONA


350 Mass. 165 (1966)

214 N.E.2d 21

JAMES J. DeCOTIS vs. LEO R. D'ANTONA.

Supreme Judicial Court of Massachusetts, Essex.

February 3, 1966.


Attorney(s) appearing for the Case

Paul A. Good for the plaintiff.

Bernard J. Dwyer for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & SPIEGEL, JJ.


SPALDING, J.

The objective of this bill in equity is to impose a constructive trust for the benefit of the plaintiff and the defendant as partners on a parcel of real estate alleged to have been acquired by the defendant in violation of a fiduciary duty owed to the plaintiff.

The case was referred to a master whose findings included the following: The plaintiff and the defendant first met in December, 1960, and thereafter...

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