I. P. Homeowners, Inc. v. Radtke

Hannon, Judge.

Homeowners of Iske Place property brought suit as a corporation, I. P. Homeowners, Inc., against Harold Radtke and Juanita Radtke to obtain specific performance of an alleged oral contract or, in the alternative, to impress a constructive trust upon real estate that the Radtkes purchased from a third party. The corporation based its action upon three separate theories: (1) an alleged breach of contract, (2) an alleged fraudulent misrepresentation, and (3) an alleged breach of fiduciary duty. We conclude that as stockholders of a close corporation, the Radtkes owed a fiduciary…