Murray County v. Pickering

1. The allegations and prayers in the petition are predicated upon a verbal contract creating the relationship of principal and agent, and not upon a written contract making defendant an independent contractor.

2. Constructive trusts are such as are raised by equity in respect of property which has been acquired by fraud, or where though acquired originally without fraud, it is against equity that it should be retained by him who holds it; and the allegations in plaintiff's petition were sufficient to create a constructive trust.

3. An action brought under a constructive trust for an accounting…