SHULMAN, Judge.
This is an action for recovery of $21,000 based on a breach of fiduciary duty and fraud and misrepresentation. The $21,000 represents the difference between money received by Jenkins from Gulf States Mortgage Co. for realty sold and money received by Gulf States from the ultimate purchaser. A directed verdict in favor of Gulf States was appealed to this court and reversed in Jenkins v. Gulf States Mtg. Co.,
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