Frisell v. Newman

On June 26, 1963, Amanda T. Hooker, a widow, commenced this action alleging the breach of a fiduciary relationship on the part of the respondent realtors revolving around the sale of her home property. She sought to set aside the sale, or, in the alternative, to recover the reasonable value of the property at the time of the sale. Before trial Mrs. Hooker died and the executor of her estate was substituted in her stead. From a judgment dismissing the action at the conclusion of plaintiff’s evidence, the executor appeals.

The trial court, sitting without a jury, did not purport to weigh the…