McDonald v. Humphries

OP ALA, Vice Chief Justice,

dissenting.

I recede from the court’s opinion and from its judgment. On this record, I would find that, regardless of the parties’ earlier agreement, Humphries conducted the sale in suit not as Robertson’s agent, but as either principal (acting solely for himself and without an undisclosed principal) or as Robertson’s broker dealing under an implied net list price arrangement. Because Humphries is not accountable as a fiduciary, I would allow no recovery against him.

Today’s pronouncement fails accurately to target these critical issues in contest here and below,…