Judd v. Perdue
Plaintiff and appellant Dennis Judd engaged defendant and respondent Paul Perdue to manage Judds rental property for him, and to negotiate the purchase of a separate parcel of real property. Perdue also represented the seller of that separate property. After negotiating with the seller through Perdue for about a month, Judd allowed a counteroffer from the seller to lapse, without making a return counteroffer. Six days after that counteroffer expired, Perdue purchased the property himself at the same price that Judd had last offered, without first telling Judd that he intended to do so. Judd later sued Perdue for breach of fiduciary duty. The jury returned a defense verdict, and the judge denied Judds motions for judgment notwithstanding the verdict and a new trial. On appeal, Judd argues that Perdue was still his agent as of the date Perdue purchased the property, and therefore breached his fiduciary duty to Judd. Court conclude that substantial evidence supports the jurys finding in Perdues favor on that issue. We therefore affirm.
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