Holy Cross Parish V. Huether Case Summary

The case I have chosen that represents a breach of fiduciary duty is Holy Cross Parish v. Huether. In 1963, the Holy Cross Parish had contracted Huether to rebuild their auditorium. Huether had completed his assignment and turned the facility back to Holy Cross Parish with the assurance that it was up to par and done as requested. Fifteen years down the road the area became uneven and showing problems. Holy Cross Parish performed an inspection in the facility. They came to conclusion that the job performed by Huether was not executed correctly. The materials used were not suitable and there was inadequate compaction of the fill. The job must be redone completely in order for it to be acceptable again. The architect hired stated that these issues were caused by Huether, the contractor they hired. Huether also responsible to redo the job that he at first failed to do.
Huether moved to dismiss based on failure to state cause for action. The court dismissed the case. Holy Cross Parish took this case to the appeals court stating that there was an error in law made. Holy Cross Parish, the appellant, has made it known that the contractors they hired failed to disclose any information pertaining the damages and irregularities. The appellant had the idea that the job would be performed correctly and no issues were brought to their eyes. The contractor also knew of the issues but did not inform anything to the appellant which was misleading. Also the architect and the appellant had a fiduciary relationship but because he remained silent about the final product that the contractor conducted, he has misled and created a breach of fiduciary duty to the appellant. The court of appeals has reverse this case based on the facts