Legal Opinion

Clinton Land Co. v. M/S ASSOCIATES, INC.

Supreme Court of Iowa

Decided November 23, 1983No. 68226PublishedCited by 35 opinions

1Opinion of the Court

HARRIS, Justice.

A familiar rule places on persons in a fiduciary capacity the burden to show fair dealing in all matters within the fiduciary obligation. The question here is the effect of that rule when the fiduciary is a real estate broker who is not charged with self dealing. The trial court instructed that the burden was with the sellers who sued the broker. .

Plaintiffs were owners of a Clinton, Iowa, motel. Defendants were real estate brokers the plaintiffs engaged to find a buyer for the motel. A buyer was found and an offer and acceptance agreement was signed. Plaintiffs thereafter…

2Cases cited22 opinions

  1. Poulsen v. RussellSupreme Court of Iowa · 1981
  2. Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
  3. Turner v. Zip Motors, Inc.Supreme Court of Iowa · 1954
  4. Peters v. LyonsSupreme Court of Iowa · 1969
  5. Porter v. Iowa Power and Light CompanySupreme Court of Iowa · 1974

17 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hoekstra v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1986
  2. Thompson v. City of Des MoinesSupreme Court of Iowa · 1997
  3. Gail v. ClarkSupreme Court of Iowa · 1987
  4. Sanders v. GhristSupreme Court of Iowa · 1988
  5. Tullis v. MerrillSupreme Court of Iowa · 1998

30 more not listed; retrieve them via the Exa API.

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