Desser v. Woods

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “a genuine question of material fact regarding ‘[w]hether the conduct allegedly violative of the right actually occurred . . . must be reserved for trial.’”
• emphasizing that a confiding party is under no duty “to make inquiry to discover that the confidential relationship has been abused during the continuation of that relationship”
• explaining that if there is an action at law analogous to the case before it, a court of equity will apply the statute of limitations applicable to that analogous legal action
• reliance for advice and handling of some personal and business affairs is sufficient to establish a prima facie confidential relationship
• “the equity courts will follow, by analogy, the period of limitations applicable to actions at law.”
• to enforce its rights, a confiding party must act once it “has actual knowledge during the existence of the confidential relationship that the confidential relationship has been abused”

Source: CourtListener parenthetical corpus (CC0).