Kelley Rogers (plaintiff), listed a parcel of property for sale for $9,500 through real estate broker L.F. Haymes (defendant). After selling proved difficult, Haymes told Rogers that he believed the list price was too high. Haymes thereafter informed the Pours, prospective purchasers, that another potential buyer had offered $8,250. Haymes further informed the Pours that, although Rogers would likely reject the $,8250 offer, he would probably sell the property for $8,500. The Pours purchased the property for $8,500. Thereafter, Rogers filed suit against Haymes seeking recovery of the real estate commission, claiming that Haymes had breached his fiduciary duty. The jury found in Haymes’ favor. Rogers appealed.