GEORGE MARTIN, APPELLANT,
v.
LADD J. ALLEN, HALLIE CARTER, CARL K. BOYER AND WILBUR J. KOHN, APPELLEES

Fla. 3d DCA | 1967-06-20
No. 66-800
Before HENDRY, C. J., and PEARSON and SWANN, JJ.
200 So. 2d 243 Florida District Court of Appeal, Third District (1967) Caution
Cited by 6 cases

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Holding

A broker cannot recover for services unless performed at the express or implied request of the alleged employer, even if the owner finds a buyer through the broker's information.

Facts & Procedural History

Plaintiff sued for a real estate commission or quantum meruit, seeking an equitable lien. The trial court dismissed the amended complaint with leave t…

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Topics
Real Estate Broker Commission Employment Contract Equitable Lien Quantum Meruit

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Opinion of the Court
SWANN, Judge.

SWANN, Judge.

Plaintiff below, George Martin, sued in equity to impress an equitable lien on certain real property for an alleged real estate commission due him, or for payment for his services under quantum meruit. The chancellor dismissed his amended complaint with leave to file a .second amended complaint within five days. Plaintiff did not file an amended complaint within the allotted time and the chancellor dismissed the cause with prejudice. Plaintiff now appeals from the order of dismissal with prejudice.

We affirm. The amended complaint failed to allege any contract of employment between the plaintiff and the owner, or his agents. A broker cannot recover for his services unless they were performed at the express or implied request of the alleged employer. This is true even though the owner of property finds a purchaser for that property through information furnished to him by the broker. Estes v. Moylan, Fla.1957, 94 So.2d 362; City Builder’s Finance Co. v. Stahl, 90 Fla. 357, 106 So. 77 (1925).

No relief was sought from the seller of the real property and apparently process was never served upon him. Similarly, no relief was sought from the purchaser and the relief sought from the various defendants was based on conspiracy and collusion but no facts were alleged in support of this conclusion.

The complaint failed to allege whether the alleged real estate listing was oral or in writing, and failed to state the amount of the alleged commission or the terms and conditions of the sale. Plaintiff having been given an opportunity to amend, chose not to amend.

The final decree of dismissal with prejudice is therefore

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sherman v. Lynch, 242 So. 2d 799 (Fla. 3d DCA 1970)
    …al reasons. First, the evidence failed to indicate any agreement between the broker [Sherman] and the owner [Lynch], Estes v. Moylan, Fla.1957, 94 So. 2d 362; Ivy Jay Corporation v. Davis, Fla.App.1964, 160 So. 2d 715; Martin v. Allen, Fla.App.1967, 200 So. 2d 243. Second, the evidence fails to show that Shuey was, in fact, the agent or employee of Lynch authorized to give a listing on the hotel. Griffin v. Societe Anonyme la Floridienne, 53 Fla. 801, 823, 44 So. 342; Martin and Sutherland v. Johnson, 54 Fla.…
  • George G. Massey & Assocs., Inc. v. Borgemeister, 297 So. 2d 577 (Fla. 2d DCA 1974)
    …a purchaser through information furnished by a broker, the broker cannot recover for his services unless they were performed at the express or implied request of the owner. Estes v. Moylan, Fla. 1957, 94 So. 2d 362; Martin v. Allen, Fla.App.3d 1967, 200 So. 2d 243. Appellant does not contend that his exclusive listing carried over or that its termination was not effective. The contention is that upon the facts and circumstances of this case, an implied listing existed between appellant and the Borgemeisters.…
  • Nichols v. W. L. Henry and his wife, 236 So. 2d 468 (Fla. 1st DCA 1970)
    …uch factual situation is disclosed by the record before us from which a similar legal conclusion could be drawn. The judgment appealed is therefore affirmed. JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur. . Martin v. Allen, (Fla.App.1967) 200 So. 2d 243; City Builders’ Finance Co. v. Stahl, 90 Fla. 357. 106 So. 77; 43 A.L.R. 842, 847. . National Airlines, Inc. v. Oscar E. Dooly Associates, Inc., (Fla.App.1964) 169 So. 2d 53.…

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