Goldman v. Cosgrove
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. This is an action brought by the plaintiffs to recover from the defendants the amount of a secret profit alleged to have been made by the defendants in the, purchase, by a group or association of persons composed of plaintiffs and defendants~Tnd otEers7~oT”arro&~ property in the state of ■Kansas.
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Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. This is an action brought by the plaintiffs to recover from the defendants the amount of a secret profit alleged to have been made by the defendants in the, purchase, by a group or association of persons composed of plaintiffs and defendants~Tnd otEers7~oT”arro&~ property in the state of ■Kansas. It appears that on "or about Novemberd 1, 1917, one Batman owned an oil property in Butler county, Kansas, consisting of a quarter-section of land, upon which there existed some half a dozen flowing oil wells,…
1Opinion of the CourtOwen, J.
The facts entitling plaintiffs to recover are either verities in the case or established by an overwhelming preponderance of the evidence. When one becomes a member of a group or association of individuals united for the purpose of prosecuting a joint or common enterprise, such as the purchase of property, each member of the group *467owes to every other member thereof the duty of fair, open, and honest disclosure, and no member thereof can by connivance, deceit, or suppression of facts within the right, or to the advantage of every other member thereof to know, procure or accept secret profits,…
2Cases cited8 opinions
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Franey v. WarnerWisconsin Supreme Court · 1897
- Fountain Spring Park Co. v. RobertsWisconsin Supreme Court · 1896
- Grant v. HardyWisconsin Supreme Court · 1873
- Jones v. KinneyWisconsin Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hayes v. MullerSupreme Court of Louisiana · 1963
- Schmude Oil Co. v. Omar Operating Co.Michigan Court of Appeals · 1990
- Simpson v. Richmond Worsted Spinning Co.Supreme Judicial Court of Maine · 1929
- Krzysko v. GaudynskiWisconsin Supreme Court · 1932
- Ex Parte ThomasTexas Supreme Court · 1943
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