Newell v. Halloran

This is an equitable action to annul and cancel a certain lease of and option to buy certain described real property on Main street in Salt Lake City, executed by the plaintiff to defendant February 4, 1924, upon the ground of the constructive fraud of the defendant. From a judgment and decree in favor of defendant, the plaintiff has appealed.

The plaintiff’s action is based upon the theory that at the time of the execution of the contract there existed between the parties thereto a confidential and fiduciary relation ship, from which a legal presumption arises that the defendant exerted undue…