MILTON J. HARRIS AND WILLIAM H. FISHMAN, APPELLANTS,
v.
FRANK D. MCKAY, WILLIAM MILLER, ROYAL AMERICAN, INC., AND BAL HARBOUR ENTERPRISES, INC., APPELLEES
By this appeal we are requested to review summary judgments on behalf of the appellees, who were defendants in a suit to collect a real estate brokerage commission.
We affirm the action of the trial judge. Where one cooperating broker is under a disability to recover a commission because of being non-registered, this infirmity affects the validity of the entire contract and no recovery should be permitted, notwithstanding the fact that the broker, validly registered, may not have known of the disability of his cooperating broker. See: Campbell v. Romfh Bros., Inc., Fla.App.1961, 132 So.2d 466; Haas v. Greenwald, 196 Cal. 236, 237 P. 38, 59 A.L.R. 1493; Brandenburger & Marx, Inc. v. Heimberg, Mun.Ct., 34 N.Y.S.2d 935; Payne v. Volkman, 183 Wis. 412, 198 N.W. 438.
Affirmed.
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Bradley v. Clyde M. Banks, 260 So. 2d 256 (Fla. 3d DCA 1972)…registered salesman before the actual contract to purchase was delivered. We think that the contract to pay a portion of the commission was entirely void as a matter of public policy based upon legislative enactment. Harris v. McKay, Fla.App. 1965, 176 So. 2d 572; cf. Wegmann v. Mannino, 253 F. 2d 627 (5th Cir. 1958). The contract being void as a matter of public policy, the services rendered in connection therewith cannot be made the basis for a quantum meruit claim as appellants suggest in their fourth co…
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Trafalgar Developers, Ltd. v. Geneva Inv. Ltd., 285 So. 2d 593 (Fla. 1973)…Court to discharge the writ of certiorari sub judice. This cause is before us on certiorari granted to review a decision of the District Court of Appeal, Third District, reported at 274 So. 2d 581, which purportedly conflicts with Harris v. McKay, 176 So. 2d 572 (Fla.App.1965); Bradley v. Banks, 260 So. 2d 256 (Fla.App.1972). Conflict does exist and we, therefore, have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution F.S.A. The opinion of the District Court of Appeal, Third Distric…
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Lou Tassy & Holiday Realty, Ltd. v. Hall, 429 So. 2d 30 (Fla. 5th DCA 1983)…rincipal for whom the co-brokers are jointly performing services, is in the public interest and should not bar enforcement of the brokerage agreement. Although not in direct conflict, we believe our holding to be irreconcilable with Harris v. McKay, 176 So. 2d 572 (Fla. 3d DCA 1965), which holds that under section 475.41, Florida Statutes, when a licensed Florida broker even cooperates with a foreign broker not licensed in Florida, the licensed Florida broker is tainted and cannot recover a commission. We bel…
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- Campbell v. Romfh Bros., Inc., 132 So. 2d 466 (Fla. 2d DCA 1961)