Rutan v. Straehly

In 1918, following the death of her husband, plaintiff turned over the sum of $3,000 to the defendant for the purpose of having the latter invest the same for her. Defendant used the funds to purchase bonds, and for a 10-year period he turned over to plaintiff, annually, an income of $180 each year. There was no agreement in regard to defendant’s compensation but there is evidence that he retained one per cent, of the income of some of plaintiff’s investments which were earning seven per cent. Plaintiff had knowledge of and assented to this practice.

Defendant claims that just prior to 1929 he…