EDWARD KEITH SALTER, APPELLANT,
v.
C. J. KNOWLES, DR. H. S. KNOWLES AND TIM KNOWLES, APPELLEES
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A real estate broker sought to recover a commission for producing a buyer for property. The trial court found the broker was not the procuring cause of the sale and entered judgment for the defendants. The appellate court affirmed, applying the standard that trial court judgments are presumed correct and will not be overturned unless clearly against the weight of the evidence.
The trial court's finding that the appellant was not the procuring cause of the sale was supported by the evidence and properly entered. The judgment for the appellees is affirmed.
“The question, whether a broker is the procuring cause of a sale, depends upon the facts and circumstances surrounding and attendant upon each particular case; and in order to recover, it is incumbent upon the broker to prove by a preponderance of the evidence the material allegations laid in his complaint.”
Establishes the legal standard for broker commission claims and the burden of proof required
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Join FLexlaw to unlock all legal intelligenceAppellant Salter was employed by appellees Knowles to find a purchaser for property. The agreement specified a purchase price of $125,000. Salter clai…
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ICANNER, Chief Judge.
The appellant sought to recover realtor-broker’s commission, but suffered adverse judgment from which this appeal is taken.
Appellant in his complaint, as basis for recovery, relied on the contractual proposition that he rendered services as a broker to appellees in producing a purchaser ready, able, and willing to buy at a price acceptable to them. The cause was submitted, without jury, to the trial judge for his determination of the case on its merits based upon the record.
Without reciting evidence on either side, summary of appellant’s position is that he was the procuring cause of the sale.
The question, whether a broker is the procuring cause of a sale, depends upon the facts and circumstances surrounding and attendant upon each particular case; and in order to recover, it is incumbent upon the broker to prove by a preponderance of the evidence the material allegations laid in his complaint. The trial court found against the appellant, and in so doing made the following specific findings as predicate for his judgment in favor of appellees :
“1. That the plaintiff was employed by the defendants to find a purchaser at a fixed price of $125,000.00, which was not done and which precludes plaintiff from recovering;
“2. And even if the plaintiff’s view is taken that the plaintiff was employed to find a purchaser at a price acceptable to defendants, that there was a lack of continuous negotiation;
“3. And that plaintiff was not the procuring cause of the sale made to A. G. Bush;
“4. And that many new elements entered into the negotiations at the actual closing of the sale to A. G. Bush.”
It is a well established rule under Florida jurisprudence that every presumption favors the correctness of the judgment of the trial court, and the one who complains of error must make such error clearly appear; nor is it within the province of an appellate court to substitute its judgment for that of the trial court unless the findings are clearly against the weight of the evidence. The evidence amply established basis for entry of judgment for appellees. Accordingly the judgment of the court below is affirmed.
PLEUS and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Nat'l Airlines, Inc. v. Oscar E. Dooly Assocs., Inc., 160 So. 2d 53 (Fla. 3d DCA 1964)…o a commission. See cases, collected at 8 Am.Jur., Brokers § 172 n. 6 (1937). Whether a broker is a procuring cause of a sale depends upon facts and circumstances surrounding and attendant upon each particular case. Salter v. Knowles, Fla.App.1957, 97 So. 2d 138. To be the procuring cause the broker must show that he called the potential purchaser’s attention to the property and it was through his efforts- [*55] the sale was consummated. See Wood v. Smith, 162 Mich. 334, 127 N.W. 277 (1910). If the broker h…
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Wrains v. Rose, 175 So. 2d 75 (Fla. 2d DCA 1965)…ntly resolved against the defendants. This court may not substitute its judgment on issues of fact as found by a jury unless those findings are manifestly unreasonable and clearly against the weight of the evidence. Salter v. Knowles, Fla. App.1957, 97 So. 2d 138; Bruggisser v. Bruggisser, Fla.App.1961, 133 So. 2d 654; Williams v. Scott, Fla.App.1963, 153 So. 2d 18, 21. Moreover, where the presiding judge has denied motion for a new trial the presumption in favor of the correctness of the verdict is strength…
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Wilkins v. W. B. Tilton Real Est. & Ins., Inc., 257 So. 2d 573 (Fla. 4th DCA 1971)…ces surrounding the particular transaction ; and in order to recover it is incumbent upon the broker to prove by a preponderance of the evidence that he fully performed in accordance with the terms of his employment. Salter v. Knowles, Fla.App.1957, 97 So. 2d 138. [*575] In the case sub judice the seller orally listed his property with the broker to be sold for the specified sum of $75,000.00; there was no time limit agreed upon as to the length of such listing nor does the record indicate whether such oral…
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