(Download) "Charles A. Perkins v. Betty Thorpe" by Court of Appeals of Idaho No. 13953 ~ Book PDF Kindle ePub Free
eBook details
- Title: Charles A. Perkins v. Betty Thorpe
- Author : Court of Appeals of Idaho No. 13953
- Release Date : January 31, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In this case we review a summary judgment entered against a claim that a real estate broker breached his fiduciary duty to a client. The litigation began as an action by the broker, Charles Perkins, against the client, Betty Thorpe, to collect a commission for selling her farm. Thorpe counterclaimed, alleging that Perkins -- through one of his salesmen -- had breached a fiduciary duty by negligently misadvising Thorpe on the value of her property and by failing to inform her that the brokerage also was representing the buyers of her property in a separate but related transaction. The district court entered summary judgment in favor of the broker on his complaint, dismissing Thorpe's counterclaim. Thorpe has appealed. We vacate the summary judgment and remand the cause. Thorpe challenges the summary judgment on a procedural ground that it granted relief beyond that sought in the broker's motion, and upon the substantive ground that it disregarded genuine issues of fact. Because the substantive question is dispositive, we need not tarry over the procedural question. The substantive basis for the summary judgment was stated orally by the district Judge as follows:
 "Charles A. Perkins v. Betty Thorpe" by Court of Appeals of Idaho No. 13953 ~ Book PDF Kindle ePub Free){kind=link}