Myers v. Karn

In count one of her action the plaintiff sought an accounting of rent received by the defendant, a real estate broker, who was acting as the plaintiffs rental agent. Count two of the complaint alleged the same facts but also included a claim that the defendant in “disregard of his fiduciary duty as agent” failed to pay over the funds to the plaintiff. The trial judge submitted count one to the jury (who found for the defendant) but directed a verdict for the defendant on count two. The plaintiff argues that since the same principal-agent relationship is applicable under either theory of…