Ford v. Cournale

Opinion

TAYLOR, P. J.

This is an appeal by the executor of the estate of Clara Ford 1 from an adverse judgment entered on a jury verdict 2 in her action for fraud and misrepresentation against defendants, Clyde Cournale, a real estate broker, and his salesman, Michael R. Webb. We have concluded that the judgment must be reversed as the trial court erred in failing to properly instruct the jury on the fiduciary duties of a real estate broker, the elements of negligent misrepresentation, the applicable measure of damages, and in excluding certain evidence.

Viewing the record most strongly in favor…