Giles v. Newcomb
Giles v. Newcomb
Opinion of the Court
Giles sued to recover a commission allegedly earned by finding a buyer for New-comb’s property on agreeable terms. At the close of the plaintiff’s case, the trial judge granted a directed verdict, stating that the uncontroverted evidence was that the seller had removed his property from the market and, therefore, was not obligated to pay a commission to the broker for later finding a ready, willing and able buyer. If this were so, the case would be like Kernjack v. Joe Cotton Realty Corp.
The second reason given by the trial judge for directing a verdict for the defendant was that the conditions were not met. Again, we found the evidence ambiguous and not susceptible of resolution on motion for directed verdict. Accordingly, the judgment appealed from is
Reversed and remanded.
. Fla.App.2d 1968, 216 So.2d 18.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.