Action Real Estate Corp. v. BULECHECK

HARRIS, Justice.

This was an action to recover a real estate commission upon the sale of defendants’ farm. Defendants counterclaimed on the basis of constructive fraud, breach of fiduciary duty, and wrongful instigation of suit. The jury found in favor of plaintiff. The trial court directed a verdict against the defendants on their counterclaim. We affirm.

Earl Hull, a broker licensed under chapter 117, The Code, who was associated with Action Real Estate, undertook the sale of defendants’ farm. Upon listing the farm, defendant A1 Bulechek mentioned four prospective buyers. One prospect was…