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345 So. 2d 765

Perrin v. Sam Kaye, Inc.

District Court of Appeal of Florida · decided 1977-04-07

Relies on 330 So. 2d 498 - Cook v. Martin · 336 So. 2d 444 - ABG Investment, Inc. v. Selden

Good law ✅— No negative treatment on recordhow we know

Decided 1977-04-07

How this case has been cited

Cited by 8 later decisions — most recently December 2011

8 state decisions

3019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAUKSCH, Judge.

¶1This is an appeal from a summary judgment entered against the Appellants in a *766suit brought by the Appellee to recover a real estate commission.

¶2The Perrins, as sellers, and Sam Kaye, Inc., as real estate broker, entered into an exclusive listing agreement. In return for the Appellee’s promise to use its best efforts to find a buyer the Appellants agreed to list their home exclusively with the Ap-pellee for three months and thereafter until revoked by ten days’ written notice.

¶3It is alleged Appellants executed an exclusive right of sale with another broker prior to the effective revocation of the exclusive listing agreement with the Appellee. The property was sold thru the second broker and the Appellee sued for its commission.

¶4In their answer, the Appellants denied the statement in the complaint that the Appellee used its best efforts to find a buyer and otherwise performed all the conditions of the exclusive listing agreement. Appellee moved for summary judgment without offering any affidavits in support of its allegation of full performance. The trial court granted the motion and judgment was entered against the Appellants. Since factual question of failure of consideration remains the trial court was precluded from the entry of the summary judgment and erred in doing so. A.B.G. Investment, Inc. v. Selden, Jr., 336 So.2d 444 (Fla. 4th DCA 1976); Cook v. Martin, 330 So.2d 498 (Fla. 4th DCA 1976).

¶5REVERSED and REMANDED.

ALDERMAN, J., concurs.LETTS, J., concurs specially, with opinion.
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