Summary
stating that the fiduciary duties owed by joint venturers continued throughout the parties' relationship, but later documents and agreements can alter prior fiduciary duties
Summary of this case from Claus v. Columbia State BankOpinion
No. 422-128, SC 24501
Submitted on appellant's petition for attorney fees July 29, 1977
Attorney fees denied September 27, 1977
In Banc
Appeal from Circuit Court, Multnomah County.
Robert E. Jones, Judge.
Barnes H Ellis and Karen K. Creason, of Davies, Biggs, Strayer, Stoel and Boley, Portland, for the petition.
Peter C. Richter, of Miller, Anderson, Nash, Yerke Wiener, Portland, contra.
PER CURIAM.
Attorney fees denied.
Holman, J., did not participate in the decision in this matter.
One of the plaintiffs, Rocky Mountain Timber Corporation, petitioned for attorney fees for services on appeal in this suit. The basis of the claim is that it was a derivative suit for the benefit of defendant Montana Pacific International, (MPI), a corporation.
The most substantial benefits of the decree to be entered upon remand will not inure to the benefit of MPI but to the plaintiffs. It would be very difficult to satisfactorily segregate the services resulting in benefit to MPI and those resulting only in benefit to the plaintiffs. For this reason the petition for attorney fees is denied.