Graham v. Fisher

On reargument, judgment modified as hereinafter provided, and as so modified affirmed, without costs. While proof of actual fraud seems lacking, nevertheless, in light of the relationship of the parties and of the conditions disclosed, we are of opinion that there was sufficient proof of overreaching to establish duress on the part of defendant Fisher. It appears that Fisher has expended large sums in the management and improvement of the Graham properties. The source of the moneys so expended, whether derived from income or from profits flowing from the Graham properties, or whether made…