Nugent v. Delvecchio

The plaintiff, a licensed real estate broker, brought this action to recover a commission for procuring a purchaser for the named defendant's property. The defendants counterclaimed for an alleged breach of the fiduciary duties by the plaintiff as their agent.1 After a trial to the jury, a verdict for the plaintiff was returned on the complaint and counterclaim and judgment was rendered thereon. The defendants have appealed.

The essential facts here are not in dispute. On March 23, 1973, the plaintiff and the defendants Anthony DelVecchio and Lucy DelVecchio entered into a written listing…