Berg v. King-Cola, Inc.

Plaintiff brought this action against Ann Borden, as executrix of Benjamin Borden, deceased, and against King-Cola, Inc., a corporation, for a declaration of constructive trust and for a recovery of money based upon the fraud of the deceased. After a trial before the court sitting without a jury, the court gave judgment in favor of plaintiff against King-Cola, Inc., in the amount of $29,111.37. Recovery against the executrix was denied. King-Cola alone has appealed from the judgment.

The trial court made findings of fact which included the following matters, in substance:

Plaintiff and Ann…