RICHARD SWAEBE, INC., APPELLANT,
v.
SEARS WORLD TRADE, INC., ETC., APPELLEES
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Directed verdict for defendant was improper where conflicting evidence existed regarding whether plaintiff acted as a dual agent or sole seller, presenting a factual question for the jury.
A directed verdict for defendant is improper when evidence exists supporting both an agency relationship and a sole seller relationship, as such conflicting characterizations present a question of fact for the jury.
[1] A directed verdict for defendant is improper when evidence supports conflicting characterizations of plaintiff's role, such as dual agent versus sole seller, as such conf…
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Join FLexlaw to unlock all legal intelligence“It is improper for a trial court to direct a verdict for a defendant unless it is clear that no evidence has been adduced which, in law, would support a verdict for the plaintiff.”
Court stating the standard for when directed verdicts are proper
Swaebe sought recovery of brokerage commissions from Sears for procuring aluminum ore from Venezuelan suppliers. At close of plaintiff's case, Sears m…
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PER CURIAM.
Swaebe appeals a directed verdict entered in favor of the defendant after presentation of its case-in-chief. We reverse and remand for a new trial.
Swaebe brought an action for recovery of brokerage commissions due from Sears, an American importer, for the procurement of aluminum ore. At the close of the plaintiffs case, Sears convinced the trial court that it was entitled to a directed verdict because the undisputed evidence demonstrated that Swaebe had acted as an agent for both the Venezuelan suppliers of the ore and the purchaser, Sears, without full disclosure to either. Although we acknowledge the existence of such evidence, we also find there was evidence that plaintiff acted solely as a seller. These conflicting representations of an agency relationship presented a question of fact which should have been resolved by the trier of fact. Jaar v. University of Miami, 474 So. 2d 239 (Fla. 3d DCA 1985), review denied, 484 So. 2d 10 (Fla.1986); Cirou v. Basler, 432 So. 2d 628 (Fla. 3d DCA 1983). It is improper for a trial court to direct a verdict for a defendant unless it is clear that no evidence has been adduced which, in law, would support a verdict for the plaintiff. Whitman v. Red Top Sedan Serv., Inc., 218 So. 2d 213, 215 (Fla. 3d DCA), cert. denied, 225 So. 2d 537 (Fla.1969).
Reversed and remanded for a new trial.
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Banco Espirito Santo Int'l, Ltd. v. BDO Int'l, 979 So. 2d 1030 (Fla. 3d DCA 2008)…m, created a triable issue on the question of actual agency. Conclusion Conflicting representations of an agency relationship present a question of fact that should be resolved by the trier of fact. Richard Swaebe, Inc. v. Sears World Trade, Inc., 529 So. 2d 774, 775 (Fla. 3d DCA 1988). Considering the “totality of circumstances” and the “multiple relationships along with multiple practices and procedures” to be evaluated under Villazon, 843 So. 2d at 853, we conclude that this record presented genuine and…
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Richard Swaebe, Inc. v. Sears World Trade, Inc., 639 So. 2d 1120 (Fla. 3d DCA 1994)…ness relationship, and fraud. SWT counterclaimed for breach of contract. The trial court directed a verdict in favor of SWT. RSI appealed, whereupon this Court reversed and remanded for a new trial in Richard Swaebe, Inc. v. Sears World Trade, Inc., 529 So. 2d 774 (Fla. 3d DCA 1988). At the second trial, the jury found against SWT on its counterclaim, and against RSI on its claim of tortious interference. However, the jury found in RSI’s favor on four breach of contract claims and the fraud claim, awarding RS…
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Kobel v. Marc I. Schlosser, M.D., 614 So. 2d 6 (Fla. 4th DCA 1993)…M.D., P.A. The issue of agency (and apparent agency) is ordinarily a question of fact to be determined by the jury. See, e.g., Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491, 494 (Fla.1983); Richard Swaebe, Inc. v. Sears World Trade, Inc., 529 So. 2d 774, 775 (Fla.3d DCA 1988) (conflicting representations of the existence of an agency relationship presents a question of fact and should be submitted to the trier of fact); Jaar v. University of Miami, 474 So. 2d 239, 242 (Fla.3d DCA 1985) (same), rev.…
Authorities Cited
- Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)
- Whitman v. RED TOP Sedan Serv., Inc., 218 So. 2d 213 (Fla. 3d DCA 1969)
- Cirou v. Basler, 432 So. 2d 628 (Fla. 3d DCA 1983)
- Red Top Sedan Serv., Inc. v. Whitman, 225 So. 2d 537 (Fla. 1969)