Peterson v. Mutual Savings Institution

POWERS, Justice.

Hartwin R. Peterson, Sr. and his wife, Clara I. Peterson, appeal from a judgment of the trial court, based upon its directed verdict, that they take nothing in their suit against appellee, Mutual Savings Institution, entered at the close of the Petersons’ ease in chief. We will affirm the judgment of the trial court.

The Petersons sued Mutual on a theory that there existed between them a “fiduciary relationship” which gave rise to a duty on Mutual’s part to ascertain by periodic inspections whether the construction of a residence on the Petersons’ lot complied with the plans…