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Tarnowski v. Resop

Minnesota Supreme Court

51 N.W.2d 801 (1952)

Relevant factsFree

Acting as Tarnowski's (plaintiff) agent in purchasing a business, Resop (defendant) failed to investigate the sellers' fraudulent claims and accepted a secret $2,000 commission from them for recommending the purchase; after Tarnowski separately recovered a $9,500 settlement from the fraudulent sellers, he sued Resop for the secret commission plus his litigation expenses and attorneys' fees from pursuing the sellers, and the jury awarded him $5,200.

IssueFree

Whether, under Minnesota law, a principal may recover against an agent for breach of fiduciary duty.

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