Cusick v. Phillippi

—The Cusicks 1 appeal the dismissal of their claims, arguing the trial court should have found breach of a fiduciary duty, negligence, and violations of both the Consumer Protection Act and the commission merchants act. We affirm all issues except attorney fees.

In 1977 the Cusicks were part of the Brayland group of investors, who entered into a written agreement to purchase a 280-acre apple orchard in Douglas County. That agreement, entitled "Brayland Tenancy in Common", provided for common ownership of the orchard with profits and losses apportioned according to relative percentage…