Kirkwood v. Kelly

RAPER, Justice, Retired.

Appellants sued appellees charging that Kelly (appellee), agent for McNamara (ap-pellee), negligently failed to advise appellants that Roussalis intended to purchase their home at a foreclosure sale. Appellants also claimed that Roussalis would have purchased their home for $600,000 or more and the current value has dropped to $400,000, leaving them damaged in the sum of $200,000. The complaint was later amended to charge that, had Kelly properly performed his fiduciary duty as a real estate salesman to the Kirkwoods (appellants), they would have sold their property to…