Cornelius v. Vogt
Robert Cornelius entered into a written partnership agreement with his sister Darlene Vogt and her husband, Eldon Vogt, to acquire and manage a duplex rental unit. Cornelius withdrew from the partnership and sued the Vogts, alleging in his amended complaint causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, breach of fiduciary duties, misrepresentation and negligence. In his trial brief and at trial he alleged that the parties orally modified the partnership agreement to provide for him to receive in exchange for his labors $260,000, which was the appraised value of a lot split, plus $100,000 that Darlene had promised him. The jury in a general verdict awarded him compensatory damages and interest, and separately found that the Vogts acted with malice, oppression or fraud and awarded him punitive damages.
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