Vargas v. Esquire, Inc.

KERNER, Circuit Judge.

Plaintiff, a citizen of Illinois, brought this action against defendant, a Delaware corporation, to cancel and set aside a contract entered into between the parties. The case was tried by the court without a jury. The trial judge made special findings of fact. He concluded as a matter of law that at the time of the' execution of the contract a relationship of special trust and confidence existed between plaintiff and Smart (defendant’s agent) and entered a decree setting aside and cancelling the contract. To reverse the decree, defend- ■ ant appealed.

Three questions are…