Mullen v. Cogdell

How courts have described this case

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

• recognizing that a fiduciary relationship does not exist between a buyer and seller in an arms length transaction
• holding that existence of a fiduciary relationship is not the only basis for a claim of constructive fraud and that such a claim may arise between buyers and sellers
• recognizing that the relationship between a buyer and a seller can create a duty
• party may bring an action for indemnification only if he is without fault
• “The right to indemnity may be implied at common law only in favor of one whose liability to another is solely derivative or constructive and only against one whose wrongful act has caused such liability to be imposed.”
• home buyers misrepresented their identity to seller to avoid paying commission

Source: CourtListener parenthetical corpus (CC0).