Brooks v. Conston

Opinion by

Mr. Justice Allen M. Stearne,. The question involved is whether the findings of fact of the chancellor, approved by the court in banc, are supported by the evidence.

The suit is in equity, by a fiduciary of an estate of a decedent, and others, to set aside the sale of a chain of millinery stores on the ground of inadequacy of consideration. Allegations are made and denied that a ■confidential relationship existed between the vendor and vendee and of the existence of fraud — actual and constructive. The learned court below found as a fact that no confidential relationship existed…