Borland-McBrearty v. Bianco

The action on which plaintiff recovered judgment below in a non-jury trial and the action which we review is stated in count 2 of plaintiff’s amended complaint. It is an action for damages resulting from misrepresentation of authority by defendant, an agent, to plaintiff. It is an action in tort for fraud. It is not an action for a real estate commission as defendant contends.

In this posture, the relevant issues on appeal are the liability of an agent for misrepresentation to a third person, are the findings of fact clearly erroneous, and, if not, do they support the judgment?

An agent is…