Johnson v. Hayward

Albert, C.

In this suit the plaintiff seeks to have a trust declared and enforced with respect to certain real estate. The pleadings are unnecessarily voluminous, covering some 35 pages of tbe record. Reduced to their simplest form, tbe ultimate facts relied upon by the plaintiff to entitle him to tbe relief sought are: That tbe defendant, Benjamin D. Hayward, while under an oral contract of agency with the plaintiff to negotiate on behalf of the plaintiff for the purchase of certain real estate, negotiated therefor and bought the same for his own use and benefit, taking the title thereto in…