Osterberger v. Hites Construction Co.

How courts have described this case

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

• stating that, when “no findings of fact or conclusions of law were requested or given, all issues are to be deemed found in accordance with results reached” by a judgment
• stating that, when “no findings of fact or conclusions of law were requested or given, all issues are to be deemed found in accordance with results reached” by a judgment
• “[I]n an equitable action, the court has the inherent power to adjust equity between the parties.”
• “[W]e have found that partial information may be as misleading and deceptive as active misrepresentation, and we have imposed a duty to disclose material facts where the defendant has invited plaintiff’s confidence by making only a partial disclosure.”
• equity may shape the remedy to meet the demands of justice
• “The test of materiality . . . is not, subjectively, whether the fact concealed would have affected the conduct of the particular buyer concerned but, rather, whether, objectively, the fact concealed would have affected the conduct of a reasonably prudent buyer.”

Source: CourtListener parenthetical corpus (CC0).