Carter Equipment Company, Cross-Appellants v. John Deere Industrial Equipment Company, Cross-Appellee

JOHNSON, Circuit Judge:

Plaintiff, Carter Equipment Company (Carter), sued defendant, John Deere Industrial Equipment Company (Deere), originally alleging seven causes of action. 1 Ultimately, only two causes of action were submitted to the jury. The first cause of action related to Carter’s claim that a fiduciary relationship existed between the parties and that Deere had breached its fiduciary duty. The second cause of action related to Carter’s claim that Deere was a de facto trustee, or trustee in fact, of the repossession reserve account and that it had breached that trust.

The jury…