OREN E. MORTON, APPELLANT,
v.
JOSEPH A. PERKINS, AS EXECUTOR OF THE ESTATE OF J. W. STEPHENS, APPELLEE
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The appellate court affirmed a directed verdict for the estate, holding that the broker failed to establish agency, which is necessary to recover a commission. The decision does not preclude a separate claim against the party who granted the listing.
No, the broker failed to establish the fact of agency, even when resolving all inferences in his favor.
“It is apparent from the record that the broker had a listing but, even resolving all inferences in his favor as we are required to do on a directed verdict,1 the record fails to establish the fact of agency.”
This quote explains the core reason for the court's decision, highlighting the lack of evidence for agency.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff broker sought a commission from the deceased's estate based on a listing granted by an agent of the deceased. The trial court directed a…
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Appellant, plaintiff in the trial court, seeks review of an adverse final judgment rendered upon a directed verdict in an action wherein he sought to recover a brokerage commission against the estate of the deceased, allegedly due because of a listing granted by the agent of the deceased.
It is apparent from the record that the broker had a listing but, even resolving all inferences in his favor as we are required to do on a directed verdict,1 the record fails to establish the fact of agency. Therefore, the trial judge is affirmed in directing a verdict for the estate of the deceased principal. However, this action would not be determinative of any possible cause of action that the broker might have against the one who gave him the listing.
Affirmed.
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Oren E. Morton v. Harrington, 190 So. 2d 625 (Fla. 3d DCA 1966)…PER CURIAM. Following the opinion and mandate of this court in Morton v. Perkins, Fla. App.1964, 163 So. 2d 796, the appellant, as plaintiff in the trial court, instituted an action against the appellee sounding in tort claiming a misrepresentation by her to the plaintiff in making a real estate listing. The matter came on for trial and, at the conclusion of…
Authorities Cited
- Elois Brookshire v. Fla. Bendix Co., Inc., 153 So. 2d 55 (Fla. 3d DCA 1963)
- Martin v. Thompson, 124 So. 2d 744 (Fla. 3d DCA 1960)