Konover Development Corp. v. Zeller

The dispositive issue in this appeal is the standard of proof required, under the circumstances *208of this case, in a breach of contract action by a general partner against a limited partner. The defendant appeals1 from the judgment, after a jury trial, in favor of the plaintiff on the complaint and on the defendant’s counterclaim. The defendant claims that the trial court improperly: (1) instructed the jury on the extent of the plaintiff’s fiduciary duty; (2) instructed the jury on the burden of proof by which a fiduciary must prove fair dealing; (3) admitted evidence of certain partnership…