Speck v. North Carolina Dairy Foundation, Inc. , 64 N.C. App. 419 ( 1983 )

Judge Hedrick

dissenting.

The majority grounds its decision on what it perceives to be a breach of a fiduciary relationship that gives rise to an equitable proceeding to establish a constructive trust. The record discloses that there is not now and never has been a “fiduciary relationship” between the defendants and plaintiffs, and the law will not and the court cannot declare that any of the defendants holds the property in question or any profits realized therefrom in trust for the plaintiffs.

I vote to affirm summary judgment for the defendants.