[DOWNLOAD] "Wilbert Washington v. Wilton Allison" by Second District Court of Appeals of Indiana " Book PDF Kindle ePub Free
eBook details
- Title: Wilbert Washington v. Wilton Allison
- Author : Second District Court of Appeals of Indiana
- Release Date : January 23, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Morgan Asset Holding Corporation ("Morgan Asset") appeals the trial courts grant of CoBanks motion to dismiss a cross-claim based on Morgan Assets failure to state a claim upon which relief could be granted. First, Morgan Asset asserts that CoBank tortiously interfered with Morgan Assets subordination agreement with Eastern Morgan County Rural Water Company Inc. ("the Utility") by executing the First Amendment to the Amended and Restated Construction Loan Agreement ("First Amendment") between CoBank and the Utility. Secondly, Morgan Asset contends that CoBank committed constructive fraud by failing to inform Morgan Asset of changes made in the First Amendment. Morgan Asset argues that it pled sufficient facts to state claims of tortious interference and fraud and that CoBank has merely raised factual disputes, which do not support dismissal. We conclude that Morgan Asset failed to allege adequately that CoBank was unjustified in its actions, and therefore, Morgan Assets failed to state a claim for tortious interference with contract. Furthermore, it is clear from the face of the cross-claim that there is no fiduciary relationship between CoBank and Morgan Asset that would create a duty; thus Morgan Asset has failed to state a claim for constructive fraud. Therefore, we affirm.