Rogers v. M.O. Bitner Co.

I write separately to state my reasons for joining in the Court’s finding that the fraudulent assignment of real estate contracts to Harold Bennett was part of the joint venture between Bitner Company and Westcor, thus making Bitner Company liable for losses flowing from those assignments. I think the majority’s conclusory holding on this point glosses over significant factual and legal issues and fails to provide satisfactory guidelines for future litigants.

Bitner Company argues that the development of the Park City subdivision and the assignment of sales contracts are separate and distinct…