Wheeler v. Carl Rabe, Inc.

Petitioners sued respondent on a note executed in connection with a land sale and also claimed breach of fiduciary duty arising from misrepresentations made prior to the sale. The trial court found there had been an effective accord and satisfaction and denied recovery on the note. With respect to alleged losses occasioned by the misrepresentations, however, the trial court awarded damages of $62,878.89. On appeal, the court of appeals vacated the judgment of the trial court, finding that no fiduciary relationship existed between the parties at the time of sale. Wheeler v. Carl Rabe, Inc., 40…