The opinion
Judge Hedrick
dissenting.
The majority grounds its decision on what it perceives to be a breach of a fiduciary relationship that gives rise to an equitable proceeding to establish a constructive trust. The record discloses that there is not now and never has been a “fiduciary relationship” between the defendants and plaintiffs, and the law will not and the court cannot declare that any of the defendants holds the *432 property in question or any profits realized therefrom in trust for the plaintiffs.
I vote to affirm summary judgment for the defendants.