Fideler v. Norton
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Minnehaha county. Order sustaining demurrer to complaint. The agreement set up in complaint though parol will be enforced. The statute of fraud does not forbid. The general principle is that equity relieves against fraud and the violation of confidence or of fiduciary relations by making him who obtains the advantage a constructive trustee for him who is entitled to it.
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Appeal from the district court of Minnehaha county. Order sustaining demurrer to complaint. The agreement set up in complaint though parol will be enforced. The statute of fraud does not forbid. The general principle is that equity relieves against fraud and the violation of confidence or of fiduciary relations by making him who obtains the advantage a constructive trustee for him who is entitled to it. Pomeroy’s Equity Jurisprudence, 155, 1044; Webster v. King, ; 3 Cal. 348; Hardenbergh v. Bacon, 33 Cal. 356; Grower v. Andrew, 59 Cal. 119; Roller v. Spillmore, 13 Wis. 26; Squire’s Appeal, 70…
1Opinion of the CourtFrancis, J.
This is an appeal from the judgment of the district court sustaining a demurrer to the complaint .and dis*261missing the action. For a proper understanding of the points involved it is necessary to quote the complaint in full:
“COMPLAINT.
The plaintiffs in their complain^ state their cause of action as follows:(1) That the above named John F. Norton and J. Harry Brown, who are made defendants, as well in their partnership capacity as individually, compose the firm of Norton & Brown, of Salem, Dakota, a partnership engaged in business, at the time of the agreement hereinafter mentioned, as agents…
2Cases cited2 opinions
- Railroad Co. v. DurantSupreme Court of the United States · 1877
- Dunphy v. RyanSupreme Court of the United States · 1886
3Cited by6 opinions
- Parceluk v. KnudtsonNorth Dakota Supreme Court · 1966
- Buettner v. NostdahlNorth Dakota Supreme Court · 1973
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
- Bowler v. First National BankSouth Dakota Supreme Court · 1907
- Karlsson v. OdlandSouth Dakota Supreme Court · 1923
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