Respondents shall recover of appellant one bill of $60 costs and disbursements of this appeal. The evidence in the record indicates that at the time of the sale of plaintiff's building, there was no assemblage under way. Not until 1966, approximately two years later, did the number and location of such acquisitions assume the character of an assemblage. Nor is it established that defendants O'Gara & Co., Inc., and Joseph E. O'Gara were agents of plaintiff, owing a fiduciary...
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