Smith v. Zak

Opinion

TAYLOR, Acting P. J .

Plaintiff, Lloyd Smith, appeals from an adverse judgment in his consolidated actions for fraud, rescission, declaratory relief, and to quiet title against respondents, L. Ed Zak and Marjorie W. Zak, to a parcel of property that is the subject of a pending condemnation action. Smith contends that the trial court failed to properly consider and apply the law with respect to the fiduciary duties of a real estate broker to his client, and, therefore, erred in its rulings on the exclusion of certain evidence. We have concluded that the judgment must be reversed for…