Chem-Age Indus., Inc. v. Glover

652 N.W.2d 756 (2002)

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Chem-Age Indus., Inc. v. Glover

South Dakota Supreme Court
652 N.W.2d 756 (2002)

  • Written by Sharon Feldman, JD

Facts

Byron Dahl (defendant) convinced Roger Pederson and Garry Shepard (the investors) (plaintiffs) to invest in a new company. The investors pressed Dahl to retain a lawyer to incorporate the business. Dahl engaged Alan Glover (defendant). Glover had represented Dahl in transactions and investor disputes for 20 years and knew of Dahl’s longstanding financial problems. Glover filed articles of incorporation for Chem-Age Industries Inc. (Chem-Age) (plaintiff) and served as registered agent. The investors contributed additional capital once they learned Chem-Age had been incorporated and an attorney was involved. Dahl sent Glover a desk that had been charged on the corporate credit card. Other large credit-card purchases for personal items made the investors suspicious. Dahl assured the investors they would be repaid after Chem-Age’s assets were sold. Glover assisted Dahl in selling the assets through a Dahl entity. The investors were never repaid. Chem-Age and the investors sued Dahl and Glover. Glover moved for summary judgment. Chem-Age and the investors sought summary judgment on whether Glover breached a fiduciary duty owed to them. The court granted summary judgment to Glover. Chem-Age and the investors appealed.

Rule of Law

Issue

Holding and Reasoning (Konenkamp, J.)

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