JAMES M. KAUFMAN, APPELLANT,
v.
LOUIS F. HARDER, REALTOR, APPELLEE
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A gratuitous promise to pay a real estate broker's commission, lacking legal consideration, is unenforceable.
A real estate broker sued for a commission on a property sale. The buyer, who purchased the property as a partner with another broker, had gratuitousl…
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PER CURIAM.
This is a suit for the recovery of a real estate broker’s commission in which judgment was entered for the broker after a non-jury trial. We reverse.
The facts are rather complex but it is clear from the record that the broker Louis F. Harder through his employee Harry Goldsmith performed no services for the defendant James M. Kaufman to which Harder was entitled to a commission for the sale of the Boskind parcel in Brevard County, Florida, as claimed in the complaint. James M. Kaufman bought the property as a partner with another real estate broker Mitchell Mark without any assistance from Harder or Goldsmith. Although Kaufman gratuitously agreed to pay Harder $25,000 on this transaction and did in fact pay Harder $12,500 pursuant thereto, it is clear that such promise was not based upon any consideration and was entirely unenforceable. The law is clear that there can be no indebtedness without legal consideration; and that a mere gratuitous promise of a future gift, lacking consideration, is unenforceable as a nudum pactum. Mt. Sinai Hospital of Greater Miami, Inc. v. Jordan, 290 So. 2d 484, 486 (Fla.1974); Casa Marina Hotel Co. v. Barnes, 105 So. 2d 204, 206 (Fla. 3d DCA 1958). Accordingly, there can be no recovery by Harder based upon Kaufman’s failure to completely honor his promise to pay.
The judgment appealed from is reversed and the cause remanded to the trial court for directions to enter a judgment for the defendant James M. Kaufman.
PEARSON, J., dissents.
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Brooks Tropicals, Inc. v. Alcides Acosta, 959 So. 2d 288 (Fla. 3d DCA 2007)…aim, in that it appears that there was no consideration for the "promise” alleged and thus, no contract. Pick Kwik Food Stores, Inc. v. Tenser, 407 So. 2d 216, 218 (Fla. 2d DCA 1981) ("A binding contract requires consideration.”); Kaufman v. Harder, 354 So. 2d 109, 109 (Fla. 3d DCA 1978) ("[t]he law is clear that there can [*293] be no indebtedness without legal consideration”). . Acosta also maintained that the underlying suit incorrectly calculated his damages based on 35 acres rather than the 65 acres tha…
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BAY Steel Prods. Co. v. Miami Nat'l Bank, 399 So. 2d 39 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. Gendzier v. Bielecki, 97 So. 2d 604 (Fla.1957); Kaufman v. Harder, 354 So. 2d 109 (Fla. 3d DCA 1978), cert. denied, 359 So. 2d 1215 (Fla.1978).…
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16 283 Alba v. Puroclean of No Broward (15th Cir. Ct. App. Div. 2018)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mount Sinai Hosp. OF Greater Miami, Inc. v. Jordan, 290 So. 2d 484 (Fla. 1974)
- Weinmann v. Ligon, 105 So. 2d 204 (Fla. 2d DCA 1958)