R.J. KATZ & COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
B.T.I. FREIGHT SYSTEMS, INC., A FLORIDA CORPORATION AND IVAN DO AMARAL, APPELLEES
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SCHWARTZ, Chief Judge.
On this, the third appearance of this case before us, see R.J. Katz & Co. v. B.T.I. Freight Systems, Inc., 632 So. 2d 244 (Fla. 3d DCA 1994); B.T.I. Freight Systems, Inc. v. R.J. Katz & Co., 614 So. 2d 558 (Fla. 3d DCA 1993), we render the third reversal, this time of a summary judgment granted to the individual appellee who was the sole signator of the brokerage agreements sued upon.
Even though he did not own the property in question, it is obvious that, at the least, there are genuine issues as to whether Do Amaral was liable for the commission as the person who employed the broker, see Bryan v. Justice, 247 So. 2d 340 (Fla. 3d DCA 1971), cert, denied, 250 So. 2d 898 (Fla.1971); Keyes Co. v. Moscarella, 223 So. 2d 83 (Fla. 3d DCA 1969); 7 Fla.Jur.2d Brokers § 80 (1978), as the agent for an undisclosed principal, the corporation which was the actual owner, see Humphrey v. Bussey, 99 Fla. 1249, 128 So. 841 (1930); Hohauser v. Schor, 101 So. 2d 169 (Fla. 3d DCA 1958), or both.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Keyes Co. v. Moscarella, 223 So. 2d 83 (Fla. 3d DCA 1969)
- Hohauser v. Mrs. George Schor, 101 So. 2d 169 (Fla. 3d DCA 1958)
- Bryan v. Justice, 247 So. 2d 340 (Fla. 3d DCA 1971)
- Stewart v. Martin, 99 Fla. 1249 (Fla. 1930)
- Bryan v. Justice, 250 So. 2d 898 (Fla. 1971)
- Froehling v. Froehling, 250 So. 2d 898 (Fla. 1971)
- B.T.I. Freight Sys., Inc. v. R.J. Katz & Co., 614 So. 2d 558 (Fla. 3d DCA 1993)
- B.T.I. Freight Sys., Inc. v. R.J. Katz & Co., Inc., 614 So. 2d 558 (Fla. 3d DCA 1993)
- R.J. Katz & Co. v. B.T.I. Freight Sys., Inc., 632 So. 2d 244 (Fla. 3d DCA 1994)