For Your Data Wilkes V. Springside Nursing Home, Inc. Example Brief
May 09, 2015
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Wilkes v. Springside Nursing Home, Inc. case brief summary
353 N.E.2d 657 (Mass. 1976)
CASE FACTS
Plaintiff together with private defendants entered into a partnership agreement. Plaintiff filed a neb inwards equity for declaratory judgment together with damages inwards the amount of salary he would bring received nether the understanding had he continued equally a managing director of the business, a nursing home. The guess of the probate courtroom referred the thing to a top dog who, later lengthy hearing, issued his terminal report. Plaintiff argued that he should recover damages for breach of the alleged partnership understanding or should recover damages because defendants, equally bulk stockholders, breached their fiduciary duty to him, equally a minority stockholder.
DISCUSSION
CONCLUSION
The courtroom concluded that the master's findings were warranted past times the tape together with the terminal written report was properly confirmed. However, the courtroom reversed the operate of the judgment that dismissed plaintiff's electrical load together with the courtroom remanded the thing for entry of judgment against defendants for breach of fiduciary duty amongst honour to their freeze-out of plaintiff.
Recommended Supplements for Corporations together with Business Associations Law
353 N.E.2d 657 (Mass. 1976)
CASE SYNOPSIS
Plaintiff minority shareholder brought an activity against defendants, a corporation together with its bulk shareholders, inwards which he sought a declaratory judgment together with damages. The courtroom granted at 1 time review of a judgment confirming a terminal written report from a top dog of the Probate Court for the County of Berkshire (Massachusetts), which dismissed plaintiff's activity on the merits.CASE FACTS
Plaintiff together with private defendants entered into a partnership agreement. Plaintiff filed a neb inwards equity for declaratory judgment together with damages inwards the amount of salary he would bring received nether the understanding had he continued equally a managing director of the business, a nursing home. The guess of the probate courtroom referred the thing to a top dog who, later lengthy hearing, issued his terminal report. Plaintiff argued that he should recover damages for breach of the alleged partnership understanding or should recover damages because defendants, equally bulk stockholders, breached their fiduciary duty to him, equally a minority stockholder.
DISCUSSION
- The courtroom concluded that the master's findings were warranted past times the tape together with the terminal written report was properly confirmed.
- However, the courtroom reversed that portion of the judgment that dismissed plaintiff's electrical load together with and then remanded the instance to the probate courtroom for entry of judgment against defendants for breach of fiduciary duty amongst honour to the freeze-out of plaintiff.
CONCLUSION
The courtroom concluded that the master's findings were warranted past times the tape together with the terminal written report was properly confirmed. However, the courtroom reversed the operate of the judgment that dismissed plaintiff's electrical load together with the courtroom remanded the thing for entry of judgment against defendants for breach of fiduciary duty amongst honour to their freeze-out of plaintiff.
Recommended Supplements for Corporations together with Business Associations Law