RICHARD J. DODGE AND EDISON ARCHER, APPELLANTS,
v.
JAMES J. FLANIGAN AND MARY E. FLANIGAN, HIS WIFE, JAMES F. SPROULE AND ALICE D. SPROULE, HIS WIFE, ROBERT B. MEYER AND ELIZABETH M. MEYER, HIS WIFE, AND CARL R. OVERLY, APPELLEES

Fla. 3d DCA | 1970-05-26
No. 69-652
CHARLES CARROLL and HENDRY, JJ. Before PEARSON, C. J., and
236 So. 2d 19 Florida District Court of Appeal, Third District (1970) Positive Treatment
Cited by 4 cases
Topics
Procuring Cause Breach Of Contract

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants Richard J. Dodge and Edison Archer sued the appellees, owners of a trailer park property, and the purchasers were joined on the theory that they had conspired with the sellers to effect the sale in a manner so as to deprive the brokers of their rightful commission. Summary judgment was entered in favor of the defendants, and the plaintiffs appealed.

Dodge alleged he was employed to procure a purchaser. Archer presented to the sellers two of the defendant purchasers. They concluded they were unable to finance the purchase. Thereafter they, with a third person, purchased the property. Archer, a separate broker, had no listing contract, but was acting with Dodge’s knowledge on the basis of a “co-operating broker.” Subsequently a sale was consummated. Clearly Archer was not entitled to recover. As to Dodge, the question in the trial court was whether his efforts were the procuring cause of the sale. On consideration of the record and briefs we find no basis to disturb the ruling of the trial court that it was made to appear without genuine triable issue of fact that the broker’s actions in relation to the matter were not such as to entitle him to a commission.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dodge v. Flanigan, 239 So. 2d 829 (Fla. 1970)
    …Certiorari denied. 236 So. 2d 19. ROBERTS, DREW, CARLTON and ADKINS, JJ., concur. ERVIN, C. J., and BOYD, J., dissent.…
  • Adams v. Louie L. Wainwright, 242 So. 2d 723 (Fla. 1st DCA 1971)
    …PER CURIAM. Petition for writ of habeas corpus denied. See Adams v. State, 236 So. 2d 19 (Fla.App. 1970). JOHNSON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.…
  • Wilder v. Sabro, Inc., 253 So. 2d 888 (Fla. 3d DCA 1971)
    …ER CURIAM. Affirmed. Judson v. Mobley, Fla.1953, 62 So. 2d 730; Shuler v. Allen, Fla.1955, 76 So. 2d 879; McAllister Hotel, Inc. v. Porte, Fla.1957, 98 So. 2d 781; Macaluso v. Lipinski, Fla.App.1970, 235 So. 2d 525; Dodge v. Flanigan, Fla.App.1970, 236 So. 2d 19.…

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