#### David Shute, appellant, v. Thomas Gillogly, Charles E. Miller and G. E. A. Salmans, appellees.

Action to recover for fraud involving exchange of real estate. Judgment in favor of two of defendants and against the third. Appeal by plaintiff from the Circuit Court of Douglas county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1917.

Affirmed in part, reversed in part and remanded with directions.

Opinion filed April 19, 1918.

Rehearing denied and opinion modified and refiled July 2, 1918.

S. S. Du Hamel and Dobbins & Dobbins, for appellant.

W. Thomas Coleman, W. W. Beeves and John H. Chadwick, for appellee Gillogly. Lindley, Penwell & Lindley, for appellee Miller; Walter O. Lindley, of counsel.

Mr. Justice Thompson

delivered the opinion of the court.