# Miller v. Berkoski

> Supreme Court of Iowa · October 15, 1980 · 297 N.W.2d 334

URL: https://www.frixlaw.com/law-library/cases/9738683

## Case

- **Full name:** H. L. MILLER, Appellee, v. Pete J. BERKOSKI, Thelma L. Berkoski, Roger Berkoski, Earline Sue Berkoski and Loren Berkoski, Appellants, v. Larry MILLER, Appellee
- **Court:** Supreme Court of Iowa
- **Decided:** October 15, 1980
- **Citations:** 297 N.W.2d 334; 17 A.L.R. 4th 773; 1980 Iowa Sup. LEXIS 937
- **Precedential status:** Published
- **Opinion:** Concurrence by McCORMICK
- **Judges:** Reynoldson, McCormick, Uhlenhopp, Legrand, Allbee, McGiverin, Schultz
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9738683

## Opinion text

McCORMICK, Justice
(concurring specially).
I believe the trial court findings of fact are supported by substantial evidence, and we are bound by them. To the extent the majority opinion makes contrary findings as a matter of law, I am unable to join it. However, the controlling question is a legal one. It is whether Millers forfeited their commission because of their failure to disclose to Berkoskis their loans to Harsh. On that question I agree with the court that they had a duty to disclose the loans and that they forfeited their commission by keeping the loans secret. As the court holds in division III of the opinion, this result follows without regard to whether the breach of duty caused Berkoskis any loss.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9738683. Public record. Not legal advice.