Byrd v. J. F. Meeks Lumber Co.

MOUTON, Judge.

In the application of defendant company for a rehearing,, the real complaint is that this court has considered parol evidence to prove a relation of trust between plaintiff and defendant company in reference to title to land or immovable property.

The contention is that testimonial proof was inadmissible to establish this trust relationship.

The opinion rendered by us in this case shows that title to real estate came into play only incidentally to the demand against defendant for an accounting as her agent for money received which should have gone to her benefit in the transaction.