JEAN ZIDE, DOING BUSINESS AS DADE COUNTY REALTY, APPELLANT,
v.
ANNA ZENCHENKO, APPELLEE
Appellant is a real estate broker who sought to recover a commission by a cross complaint in chancery. The sale had failed because of a defect in title. The chancellor found upon the basis of conflicting testimony that the broker accepted employment with knowledge of the defect and that it might preclude a sale. The chancellor properly dismissed the cross bill after trial. See Camp Lumber Co. v. Tedder, 78 Fla. 183, 82 So. 865, where the absence of notice of defective title is set forth as an element necessary for recovery by broker upon a sale which fails because of defective title in the seller. See cases cited in Best v. Kelley, 22 Wash.2d 257, 155 P.2d 794, 156 A.L.R. 1398; 169 A.L.R. 617.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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Rod-Lyn Corp. v. DeBELAY, 231 So. 2d 233 (Fla. 3d DCA 1970)…which defeated the sale. Our review of the pleadings, depositions, and affidavits shows that the broker was not placed upon notice of a specific defect in title so as to bar him from recovery under the rule stated in Zide v. Zenchenko, Fla.App.1958, 101 So. 2d 64. There is no genuine issue as to the facts that the transaction failed because of title defects and that the broker was not charged with knowledge of those defects. Therefore we conclude that no error is shown in appeal number 69^-20. The judgments…
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- R. J. & B. F. Camp Lumber Co. v. Gress, 78 Fla. 183 (Fla. 1919)