Benjamin Funk and Betty Lou Funk v. Ward Tifft D/B/A the Tifft Agency and Pendor-Idaho Corporation

OPINION

LUMBARD, Circuit Judge:

Plaintiffs Benjamin and Betty Lou Funk appeal from a judgment of the-District Court of Idaho entered on November 10, 1972, by J. Blaine Anderson, J., dismissing their complaint. The principal issue presented by this diversity of citizenship case is whether a licensed real estate broker in Idaho owes a fiduciary duty to a prospective buyer not to purchase a tract of land for himself while his prospective buyer’s offer to buy that land is outstanding. The district court found that there had been no breach of duty and refused to impose a constructive trust in favor…