Rushing v. Stephanus

Eugene Rushing and his wife (plaintift's-re-spondents) commenced this action, asserting fraud and breach of the fiduciary obligation of an agent, and sought the recovery of the commissions which they had paid to Paul Stephanus and wife (defendants-appellants). The defendants were engaged in the mortgage brokerage business under the name of the Prudential Mortgage Company. By amendment, a cause of action for negligence was added respecting certain allegedly excessive loan expenses.

The factual circumstances surrounding most of the transactions of the parties are in sharp dispute. While the…