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SEID v. GRAHAM

No. 60-369.

131 So.2d 507 (1961)

David SEID and Leon A. Rapee, a/k/a Leon Andre Rapee, Appellants, v. Ernest R. GRAHAM, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 18, 1961.

Attorney(s) appearing for the Case

Rosenhouse & Rosenhouse, Miami, for appellants.

Mershon, Sawyer, Johnston, Simmons & Dunwody, Miami, for appellee.

Before HORTON, C.J. and PEARSON, TILLMAN, and CARROLL, CHAS. JJ.

CARROLL, CHAS., Judge.

Appellant David Seid filed a suit in equity for declaratory decree, seeking to recover his share, as a real estate salesman, of a brokerage commission allegedly due a broker from appellee Ernest R. Graham. The broker, Leon Andre Rapee, who was joined as a defendant, answered and asked to be substituted as the plaintiff. Graham answered and moved for summary judgment, which was granted because, as to Seid, he had sued Graham unsuccessfully for...

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