VIVIAN RESEARCH SYSTEMS CORP., A FLORIDA CORPORATION, AND JOHN C. VIVIAN, APPELLANTS,
v.
W. P. MOOTY, APPELLEE
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The Florida District Court of Appeal affirmed a directed verdict for the defendant in a real estate broker's commission case. The court found no error in the trial court's determination that the plaintiffs failed to prove an exclusive listing or that they presented a buyer ready, able, and willing to purchase on the owner's terms.
No, the plaintiffs failed to demonstrate error in the directed verdict. There was no showing of an exclusive listing, nor was there evidence that the buyer and seller reached an agreement on the terms of the sale.
“The verdict was properly directed for the defendants on the issue of an exclusive listing upon the law as set forth in South Florida Farms Co. v. Stevenson, 84 Fla. 235, 93 So. 247 (1922).”
Establishes the court's agreement with the directed verdict on the exclusive listing issue.
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Join FLexlaw to unlock all legal intelligencePlaintiffs, real estate brokers, sued for a commission, alleging an oral exclusive listing on a property that was sold to a buyer they did not present…
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The plaintiffs appeal a final judgment, which was based upon a directed verdict, in their action to recover a real estate broker’s commission. The theory of plaintiffs’ case in the trial court was that they had an oral exclusive listing on property which was sold to a purchaser they had not presented. The verdict was properly directed for the defendants on the issue of an exclusive listing upon the law as set forth in South Florida Farms Co. v. Stevenson, 84 Fla. 235, 93 So. 247 (1922).
The main thrust of. this appeal is upon the theory that plaintiffs presented a purchaser ready, able and willing to purchase upon the terms set by the owner. Our review of the record in the light of this contention convinces us that error has not been demonstrated because there was no showing that the buyer and seller had reached an agreement upon the terms of the proposed sale. See McAllister Hotel, Inc. v. Porte, Fla.1957, 98 So.2d 781; Melvin v. West, Fla.App.1958, 107 So.2d 156; Singer v. M. Grant, Inc., Fla.App. 1963, 151 So.2d 52. 7 A.L.R.3d 688.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McALLISTER Hotel, Inc. v. Porte, 98 So. 2d 781 (Fla. 1957)
- S. Fla. Farms Co. v. Stevenson, 84 Fla. 235 (Fla. 1922)
- Singer v. M. Grant, Inc., 151 So. 2d 52 (Fla. 3d DCA 1963)
- Melvin v. West, 107 So. 2d 156 (Fla. 2d DCA 1958)
- Furbee v. State, 107 So. 2d 156 (Fla. 2d DCA 1958)