Haymes v. Rogers

Kelley Rogers (plaintiff) listed a property for sale at $9,500 through broker L.F. Haymes (defendant). When the property proved hard to sell, Haymes told Rogers he thought the list price was too high, and then told prospective buyers the Pours that another offer of $8,250 had come in, that Rogers would likely reject it, but that Rogers would probably accept $8,500. The Pours bought the property for $8,500. Rogers sued Haymes for his commission, arguing Haymes breached his fiduciary duty by tipping off the buyers to Rogers's likely bottom line. A jury sided with Haymes, and Rogers appealed.