TABORSKY v. MATHEWS

No. 1553.

121 So.2d 61 (1960)

August P. TABORSKY, Elsie C. Taborsky, His Wife; Paul J. Nugent, Ottilie G. Nugent, His Wife; Lloyd C. Kinsey, Mabel Kinsey, His Wife; John P. Butler, Marie K. Butler, His Wife; Robert O. Benson, Madeleine E. Benson, His Wife; John Everets, and Anya H. Everets, His Wife, Appellants, v. J. Stewart MATHEWS, Trustee, Appellee.

District Court of Appeal of Florida. Second District.

June 3, 1960.


Attorney(s) appearing for the Case

Jos. D. Farish, Jr., and Frederick E. Hollingsworth of Farish & Farish, West Palm Beach, for appellants.

J. Leo Chapman, West Palm Beach, for appellee.


SHANNON, Judge.

This is an appeal taken by the defendants in a foreclosure suit from a summary final decree based upon the order of the chancellor below striking the defendants' affirmative defense and dismissing their counterclaim.

The defense and the counterclaim attempted to raise the fact that the real estate agent who acted for the defendants was also the agent for the plaintiff in this transaction; that the agent had received a commission from both parties...

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