Quimbee logo
DMCA.com Protection Status

Burg v. Horn

380 F.2d 897 (1967)

Case BriefRelatedOptions
From our private database of 28,500+ case briefs...

Burg v. Horn

United States Court of Appeals for the Second Circuit

380 F.2d 897 (1967)

Facts

Lillian Burg (plaintiff) and George and Max Horn (defendants) each owned one-third of the shares and were directors of Darand Realty Corp. (Darand). Before the incorporation of Darand, the Horns were engaged in produce and real estate businesses and had already acquired several low-rent buildings in Brooklyn. The Horns urged Burg to join the real-estate industry, and as a result, the three of them founded Darand. The Horns managed Darand’s properties. The parties had no discussion or agreement that the Horns would offer all low-rent properties they found to Darand. Over the years, Darand bought three buildings and sold one. The Horns bought nine buildings themselves without presenting these opportunities to Darand. The Horns allegedly used Darand's funds in making these purchases. Burg alleged that the Horns’ individual acquisitions of the nine buildings were usurpations of Darand’s corporate opportunities. Burg sued for an accounting for rent receipts and expenditures of Darand and imposition of a constructive trust on the buildings that were allegedly corporate opportunities. The trial court found for Burg on the accounting claim, but declined to hold that those acquisitions were Darand’s corporate opportunities. The court reasoned that there was no agreement that all low-rent buildings found by the Horns should be offered to Darand and that Burg was aware of at least some of the Horns’ acquisitions. Burg appealed.

Rule of Law

Issue

Holding and Reasoning (Lumbard, J.)

Dissent (Hays, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 545,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 545,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,500 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 545,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,500 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership