Doherty

The jury in this case determined that in locating and in negotiating the purchase price of aircraft on behalf of plaintiff, defendant aircraft dealers owed plaintiff the duties of a fiduciary. The jury further found that in providing plaintiff with misleading information about the negotiated price of the aircraft, defendants breached their fiduciary duty to plaintiff.

There is sufficient evidence in the record to support the jury’s finding of liability. Although the parties did not have a written agency contract, their course of conduct and the customary practice in. the aircraft industry fully supported a finding the aircraft dealers were plaintiff’s agents and therefore obligated to provide plaintiff with accurate information, about the price the aircraft dealers had negotiated with the sellers of the aircraft.

Although we agree the trial court erred in instructing the juiy that both brokers and agents owe purchasers the duties of a fiduciary, in light of testimony from the aircraft industry experts offered by the parties and the record of willful deceit on the part of defendants, the error was harmless. Moreover, the record contains ample evidence from which the'…