ARTHUR HUTT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL HUTT, APPELLANT,
v.
CITY OF CAPE CORAL AND AETNA SURETY & CASUALTY INSURANCE COMPANY, APPELLEES
ARTHUR HUTT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL HUTT, APPELLANT,
CITY OF CAPE CORAL AND AETNA SURETY & CASUALTY INSURANCE COMPANY, APPELLEES
434 So. 2d 997
Florida District Court of Appeal, Second District (1983)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Whitman v. Castlewood International Corp., 383 So. 2d 618 (Fla.1980) and Colonial Stores, Inc. v. Scarbrough, 355 So. 2d 1181 (Fla.1977).
RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
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The Est. OF Jerome Bain v. Gateway Grp., Inc., 605 So. 2d 167 (Fla. 3d DCA 1992)…with a developer who was originally introduced as a potential buyer, no sale has occurred where the purchaser was not ready, willing and able to purchase the property, and the broker is not entitled to a commission. Dahdah v. Continent Realty, Inc., 434 So. 2d 997 (Fla. 3d DCA 1983). Dahdah does not control the result in this case. Here, the developer has not established that, like the developer in Dah-dah, he was not ready, willing, and able to purchase the property. In fact, the record indicates that at…
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Mays v. Doyle Hadden, 709 So. 2d 132 (Fla. 5th DCA 1998)…Appellee admitted at trial that he and Mays did not discuss a lease management agreement. If appellee wanted a commission upon this eventuality, he, as the draftsman of the contract, should have spelled it out. See Dahdah v. Continent Realty, Inc., 434 So. 2d 997 (Fla. 3d DCA 1983); Miller, Cowherd & Kerver, Inc. v. De Montejo, 406 So. 2d 1196 (Fla. 4th DCA 1981). See also Crowell v. Investment Realty Center, Inc., 597 So. 2d 907 (Fla. 4th DCA 1992). Notwithstanding the appellee’s failure to prove his entit…
Authorities Cited
- Colonial Stores, Inc. v. Doyle Wayne Scarbrough, 355 So. 2d 1181 (Fla. 1977)
- Whitman v. Castlewood Int'l Corp., 383 So. 2d 618 (Fla. 1980)