Oetken v. Shell

*245The opinion of the court was delivered by

Parker, J.:

This is an action to compel the conveyance of real estate on the theory the record title thereto had been acquired by defendants under a trust arising by implication of law. The plaintiff prevailed and the defendants appeal.

Por a proper understanding of the issues involved it will be necessary to make brief reference to the pleadings.

In substance material allegations of the petition can be summarized as follows: On or about October 20, 1945, plaintiff orally employed defendant, G. W. Shell, a real estate man, to purchase for him a quarter…