(quoting Restatement (Second) of Agency § 387 (1958)). Or as more recently formulated, an agent’s duty is “to act loyally for the principal’s benefit in all matters connected with the agency relationship.” Restatement (ThiRd) of Agency § 8.01 (2006). Thus, absent the principal’s consent, an agent must refrain from using his position or the principal’s property to gain a benefit for himself at the principal’s expense. See Tex. Bank & Trust Co. v. Moore, 595 S.W.2d 502, 508-09 (Tex.1980); Mi t the presumption by establishing the fairness of the transaction with his principal. Tex. Bank & Trust, 595 S.W.2d at 509; Lesikar v. Rappeport, 33 S.W.3d 282, 298 (Tex.App.-Texarkana 2000, pet. denied); see also Lee v. Hasson, 286 S.W.3d 1, 21 (Tex.App.-Houston [14th Dist.] 2007, pet. denied) (<HOLDING>). The Agreement as Self-Dealing Richard first
holding that the duty of good faith and fair dealing is a contractual duty holding that even where deference is broad the cia must do more than show simply that it has acted in good faith holding that benefiting fiduciary must show he acted in good faith and that transactions were fair and equitable holding that the transaction must be fair and equitable and in good faith holding that a sale must be both fair and reasonable in price and made in good faith