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CLINTON LAND CO. v. M/S ASSOCIATES, INC.

No. 68226.

340 N.W.2d 232 (1983)

CLINTON LAND COMPANY, a Partnership; R.H. Reimers, a Partner; and John Campbell, a Partner, Appellants, v. M/S ASSOCIATES, INC., a Corporation, d/b/a Maas and Associates; and Stephen Suter, Appellees.

Supreme Court of Iowa.

November 23, 1983.

Attorney(s) appearing for the Case

Dwight W. James and William A. Wickett of James & Galligan, P.C., Des Moines, for appellants.

Ronald W. Wendt of Nazette, Hendrickson, Marner & Good, Cedar Rapids, and James L. Hansen of Swift, Minear & Hansen, Des Moines, for appellees.

Considered by REYNOLDSON, C.J., and HARRIS, McCORMICK, SCHULTZ, and CARTER, JJ.

HARRIS, Justice.

A familiar rule places on persons in a fiduciary capacity the burden to show fair dealing in all matters within the fiduciary obligation. The question here is the effect of that rule when the fiduciary is a real estate broker who is not charged with self dealing. The trial court instructed that the burden was with the sellers who sued the broker.

Plaintiffs were owners of a Clinton, Iowa, motel. Defendants were real estate brokers the plaintiffs...

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