Keyes Co. v. Executive Center, Inc.
Keyes Co. v. Executive Center, Inc.
Opinion of the Court
The Keyes Company seeks reversal of an adverse summary final judgment in its action to recover damages against Oscar E. Dooly Associates, Inc. for business interference.
The Keyes Company entered into a special written sales service agreement with the defendant, The Executive Center, whereby Keyes was granted exclusive right
With respect to Keyes action for business interference, that issue, has already been determined adversely to Keyes in a prior appeal. See Keyes Company v. Executive Center, Inc., 311 So.2d 734 (Fla.3d DCA 1975).
Turning to Keyes alternative claim for 40% of the commission received by Dooly, it is undisputed that in November 1972 the exclusive listing contract for the sale of the subject property had been cancelled by The Executive Center prior to the time negotiations were entered into with Ryder Systems and the sale consummated. Therefore, this property was not a “listed” property at the time the sale was consummated and Dooly was not obligated to pay Keyes a portion of its commission. Keyes reliance on Megdell v. Wieder, 327 So.2d 781 (Fla.3d DCA 1976) involving rights between cooperating and subscribing brokers is misplaced. In that case there was a contract between the broker and the seller in existence at the time of the sale.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.