Pittsburgh Equitable Meter Co. v. Paul C. Loeber & Co.

SPARKS, Circuit Judge.

The appeal in No. 9092 is from a judgment for plaintiff in its suit to recover a secret profit alleged to have been received by defendant as plaintiff’s agent. Defendant filed its motion to dismiss the complaint on the ground that it failed to state a recoverable cause of action, and on the specific ground that it failed to show that defendant was under any duty to plaintiff, as fiduciary or otherwise, with respect to any matters concerning the sale of plaintiff’s property here in issue, during the time certain alleged offers to purchase it were said to have been made.…