REINHOLD v. MALLERY

No. 90-438.

135 N.H. 31 (1991)

RICHARD C. REINHOLD AND SANDRA B. REINHOLD d/b/a REINHOLD ASSOCIATES v. JOHN MALLERY

Supreme Court of New Hampshire.

November 7, 1991.


Attorney(s) appearing for the Case

Moulton, Samaha, Vaughan & Foley P.A., of Littleton (Timothy J. Vaughan on the brief, and Robert J. Foley orally), for the plaintiffs.

Stebbins, Bradley, Wood & Harvey P.A., of Hanover (David H. Bradley on the brief and orally), for the defendant.


BROCK, C.J.

The defendant, John Mallery, appeals from the Superior Court's (Dickson, J.) order requiring the defendant to pay a real estate commission to the plaintiff, Reinhold Associates (Reinhold). As he did before the trial court, the defendant argues on appeal that Reinhold, as the defendant's real estate agent, breached its fiduciary duty to him, thus foreclosing any claim by Reinhold for its commission. We agree, and therefore reverse the trial court...

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