FRANK MOORE AND GERTRUDE R. MOORE, HIS WIFE, APPELLANTS,
v.
SKY REALTY, INC., A FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court affirmed judgment for real estate broker's commission where broker procured a ready, willing, and able buyer at the listing price before seller revoked the listing.
A real estate broker is entitled to commission when it procures a ready, willing, and able buyer at the listed price, even if the seller subsequently refuses to accept the offer and revokes the listing.
[1] A real estate broker earns commission by procuring a ready, willing, and able buyer at the listed price, regardless of whether the seller subsequently refuses the offer o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceSellers executed a multiple listing agreement with Sky Realty for a 7.5% commission if a buyer could be procured for $55,000. Sky Realty first procure…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Real Estate Broker Commission cases and more on FLexlaw
PER CURIAM.
This is an appeal from a final judgment awarding a real estate brokerage commission.
On March 4, 1974 appellant Gertrude Moore and her husband executed a multiple listing agreement whereby they agreed to pay Sky Realty, Inc. a 7V2% real estate commission if it could procure a purchaser to buy their home for $55,000. On May 9 Sky Realty procured Mr. and Mrs. Spital-nick who made an offer of $53,000. The Moores turned it down. On the next morning (May 10) the Spitalnicks went to the office of Sky Realty and made an offer of $55,000 cash. This offer was immediately communicated to the Moores. They refused to accept and sent a telegram dated May 11 instructing Sky Realty to take their house off the market. Sky Realty then sued for the 71/2% commission and the cause proceeded to a non-jury trial. The judge found for Sky Realty and entered a final judgment in its favor for $4,125 plus interest.
Although appellant raises nine points on appeal, she has failed to present to this court a transcript of testimony. This court is required to affirm where an appellant fails to bring up the transcript of testimony given at a final hearing and that testimony forms the major evidentiary support for the trial court’s findings and ruling. Veterans Loan Authority v. Danzo, 210 So. 2d 461 (Fla. 3d DCA 1968).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clar v. The Cont'l Ins. Cos. & The Glens Falls Ins. Co., 510 So. 2d 1056 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); South Fla. Apartment Assoc, v. Dansyear, 347 So. 2d 710, 711 (Fla. 3d DCA), cert, denied, 354 So. 2d 985 (Fla. 1977); Moore v. Sky Realty, Inc., 344 So. 2d 579 (Fla. 3d DCA 1977); Veterans Loan Auth. v. Danzo, 210 So. 2d 461 (Fla. 3d DCA 1968).…
Authorities Cited
- Veterans Loan Auth. v. Danzo, 210 So. 2d 461 (Fla. 3d DCA 1968)
- Butler v. Alessi, 210 So. 2d 461 (Fla. 2d DCA 1968)