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Sophie Marnik et al., Appellants, v. Northwestern Packing Company et al., Appellees.

RESCISSION AND CANCELLATION, §§ 81, 83 — insufficiency of evidence of fiduciary relationship or fraud. In suit to rescind sale of stock and mortgage notes of a corporation, organized by defendant and plaintiff's deceased husband, on ground that a fiduciary relation existed between plaintiff and defendant and that defendant induced plaintiff to sell stock and notes at a grossly inadequate price by false representations as to financial condition of corporation, evidence warranted decree dismissing complaint on ground that plaintiff failed to establish existence of a fiduciary relationship or fraud.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed November 1, 1948; rehearing denied November 15, 1948; released for publication November 16, 1948.

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MARNIK v. NORTHWESTERN PACKING COMPANY
(Nov 1, 1948)