HAROLD P. COWAN CONSTRUCTION CO., A FLORIDA CORPORATION, APPELLANT,
v.
HARTLY REALTY CORP., A FLORIDA CORPORATION, APPELLEE
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This case involves an appeal from a judgment awarding a real estate broker's commission. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's verdict that an employment contract existed and the broker was the efficient cause of the sale.
Yes, the evidence was sufficient to establish an oral employment contract and that the broker was the efficient producing cause of the sale.
“The evidence in this cause is sufficient to establish there was such an employment contract, and that the broker was the efficient producing cause of the ultimate sale within the rules set forth in Taylor v. Dorsey, 155 Fla. 305, 19 So. 2d 876; National Airlines, Inc. v. Oscar E. Dooly Associates, Inc., Fla.App.1964, 160 So. 2d 53.”
This quote establishes the court's finding that the evidence supported the jury's verdict regarding the existence of the contract and the broker's role in the sale.
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Join FLexlaw to unlock all legal intelligenceHarold P. Cowan Construction Co. (appellant) was sued by Hartly Realty Corp. (appellee) for a real estate broker's commission. The appellee claimed an…
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The appellant appeals from a judgment against him for a real estate broker’s commission.
The issues submitted to the jury were (1) whether or not the appellant orally employed the appellee to procure a purchaser for a described lot and agreed to pay the appellee six per cent of the purchase price of the lot and six per cent of the cost of construction of a house built thereon by appellee and (2) whether or not the broker brought the parties together and the sale was effected as a result of continuous negotiations inaugurated by him.
The evidence in this cause is sufficient to establish there was such an employment contract, and that the broker was the efficient producing cause of the ultimate sale within the rules set forth in Taylor v. Dorsey, 155 Fla. 305, 19 So.2d 876; National Airlines, Inc. v. Oscar E. Dooly Associates, Inc., Fla.App.1964, 160 So.2d 53.
The trial judge properly charged the jury, and it was not error to deny the appellant’s requested charge.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Taylor v. Dorsey, 155 Fla. 305 (Fla. 1944)
- Nat'l Airlines, Inc. v. Oscar E. Dooly Assocs., Inc., 160 So. 2d 53 (Fla. 3d DCA 1964)