SMITH v. CHOPMAN

No. 2622.

135 So.2d 438 (1961)

George M. SMITH and Vivian Smith, his wife, Appellants, v. Sam CHOPMAN and Monnie Chopman, his wife, and R.T. Hodges, d/b/a Hodges & Sons, Appellees.

District Court of Appeal of Florida. Second District.

December 13, 1961.


Attorney(s) appearing for the Case

R.T. Shankweiler and J. Easthope, Fort Lauderdale, for appellants.

George L. Pallotto, Hollywood, for appellees Sam Chopman and Monnie Chopman.

Thomas F. Tompkins, Jr., of Kelly Tompkins & Griffin, Fort Lauderdale, for appellee R.T. Hodges, d/b/a Hodges and Sons.


WHITE, Judge.

This is an appeal by George M. Smith and wife who were plaintiffs below in a suit seeking rescission of a real estate contract, repayment of the purchase money and forfeiture of all brokerage commissions and profits on the ground of an alleged wrongful dual representation of the parties by the co-defendant R.T. Hodges as broker. Co-defendants Sam Chopman and wife were the other parties to the contract in question. The defendants' motion to dismiss the...

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