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Dietz v. Dietz

Minnesota Supreme Court

70 N.W.2d 281 (1955)

Relevant factsFree

Donald (defendant), acting as his widowed mother's financial advisor, promised to care for Mrs. Dietz (plaintiff) for life if she bought a duplex and put title in both their names as joint tenants, but after he married and his new wife moved in, the family relationship deteriorated and Mrs. Dietz moved out without continued support or contact from Donald; the trial court imposed a constructive trust and ordered the duplex returned to her.

IssueFree

Whether a court may impose a constructive trust if the plaintiff shows the existence of a fiduciary relationship and that the defendant abused the confidence and trust bestowed under that relationship to the plaintiff's harm.

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