Peterson v. Yacktman

PRESIDING JUSTICE BRYANT

delivered the opinion of the court on rehearing.

This is an action for recovery of assets of the plaintiffs now in the hands of the defendant allegedly as a result of fraud practiced by defendant upon plaintiffs. In pertinent part, the complaint alleges that they were part of a group of purchasers of land from developers and builders to which defendant was believed to have retained title pending payment to him, by the developers and builders, of the price agreed upon. The complaint also alleges that the defendant “represented to plaintiffs and all others similarly…