CHARLOTTE R. TUCKER, APPELLANT,
v.
AUGUSTA M. BESSEE, EXECUTRIX OF THE ESTATE OF TRUMAN S. WOODWARD, DECEASED, APPELLEE
PER CURIAM.
We have examined the record and Briefs of Counsel in this cause, and heard oral argument at the Bar of this Court. From our perusal of the record we reach the conclusion that the Chancellor below based his findings upon conflicting evidence, and following the rule so often enunciated by this Court, that “the findings of a Chancellor, based upon conflicting evidence, will not be disturbed unless clearly shown to be erroneous”, and finding no reversible error , in the record we conclude that the cause should be, and it is, hereby affirmed.
Affirmed.
TERRELL, C. J., ROBERTS and O’CONNELL, JJ., and WELCH, Associate Justice, concur.
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Harding Realty, Inc. v. Turnberry Towers Corp., 436 So. 2d 983 (Fla. 3d DCA 1983)…above with regard to entitlement to a commission under “effect-a-sale” brokerage contracts may be varied by express terminology rendering payment subject to some condition. See 12 Am. Jur.2d Brokers § 195 (1964); cf. Hanover Realty Corp. v. Codomo, 95 So. 2d 420 (Fla.1957) (broker’s express agreement that execution of leases would be condition precedent to his right to commission prevented application of general rule that broker is entitled to commission if transaction is not consummated solely due to arbit…
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Moylan v. Sophronia I. Estes, 102 So. 2d 855 (Fla. 3d DCA 1958)…s for another to do a certain thing, he thereby impliedly promises that he will himself do nothing which will hinder or obstruct that other in doing the agreed thing.” 7 Fla.Jur., Contracts, § 145, p. 213; Hanover Realty Corp. v. Codorno, Fla. 1957, 95 So. 2d 420. Accordingly, the summary judgment is reversed and the cause is remanded for further proceedings not inconsistent herewith. Reversed and remanded. PEARSON, J., and CRAWFORD, GRADY L., Associate Judge, concur.…
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Mark v. Hahn, 177 So. 2d 5 (Fla. 1965)…h the decision of this Court in the case of Knowles v. Henderson, 156 Fla. 31, 22 So. 2d 384, 169 A.L.R. 600. The District Court determined that this case is controlled by the Supreme Court’s decision in Hanover Realty Corp. v. Codorno, Fla. (1957) 95 So. 2d 420, rather than by our decision in Knowles. In the latter decision we held, consistent with many of our prior decisions, that a failure to close a real estate transaction due solely to the fault of the seller would not defeat the right to a commission…
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