Estate of Eller v. Bartron

In July 1998, Loretta Eller (plaintiff) decided to sell her ailing mother’s house. Eller listed the house with Wayne Bartron (defendant), a real estate agent. The listing agreement set a sale price of $152,000 and authorized Bartron to act as dual agent for both Eller and the buyer in that sale. On January 22, 1999, Pierce/O’Neill Ltd., a firm of investors, offered Bartron $96,000 for the house. That same day, Pierce/O’Neill engaged Bartron to represent the firm in flipping the house to a subsequent buyer. Bartron introduced Pierce/O’Neill to Wayne Knierim, who on January 27, 1999, agreed to buy the house from Pierce/O’Neill for $130,000. On January 28, 1999, after Bartron pressed her to do so, Eller accepted Pierce/O’Neill’s January 22 offer, agreeing to sell the house for $96,000. Eller was unaware of the previous day’s $130,000 deal between Pierce/O’Neill and Knierim. Both the Eller-to-Pierce/O’Neill and the Pierce/O’Neill-to-Knierim transactions closed on March 30, 1999. Shortly thereafter, Eller found out about Bartron’s role in flipping her mother’s house. In her capacity as administratrix of the estate of her now-deceased mother, Eller sued Bartron on several counts. Without ruling on the count that charged Bartron with breaching his fiduciary duty, the trial court directed the jury’s verdict for Bartron. Eller appealed to the Delaware Supreme Court.