Mersky v. Multiple Listing Bureau of Olympia, Inc.

In this action appellants (plaintiffs), alleging the breach of an agent’s duty of loyalty and full disclosure, seek recovery of a real-estate commission paid to respondents (defendants) who, as real-estate agents, handled the sale of appellants’ home. Following trial, the superior court dismissed the claim upon the grounds that the alleged breach was immaterial. This appeal followed.

We reverse the action of the trial court.

The salient facts are these: Appellants, by virtue of a change of employment, moved from Olympia, Washington, to the state of Colorado in June, 1963. As a result, they…