George Shiras, Jr.

“ Wallace's allegation that he had instructed Gumaer to secure leases of the Tanner property is squarely denied by Gumaer. It was claimed that the company had given Gumaer a general power of attorney, authorizing him to make contracts and purchases; but the power, when produced, discloses that it merely authorized him to take such steps as were necessary in defending the company against a pending suit.
Upon the whole, our examination of the evidence fails to convince us that the complainant is entitled to the relief prayed for. ”

“ The result in the court below was a decree in favor of the complainant, declaring that Gumaer had taken the Tanner lease in trust for the complainant company, and commanding the defendant to surrender and assign the same to the complainant, and also to surrender the leases made by Gumaer, of portions of said tract, to be canceled. ”

“ We are compelled to pass upon this case without the assistance of any opinion or findings of facts by the court below, and hence it has been necessary for us to consider all the evidence. The bill is definite and precise in its allegations, and waives answer under oath. ”