BRETTHAUER v. WALTON

No. 63-27.

156 So.2d 771 (1963)

C.H. BRETTHAUER, Appellant, v. Edward E. WALTON, Jr., Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 29, 1963.


Attorney(s) appearing for the Case

Simon, Hays & Grundwerg, Miami, for appellant.

Eugene Spellman, Miami, for appellee.

Before CARROLL and HORTON, JJ., and BARNS, PAUL D., Associate Judge.


BARNS, PAUL D., Associate Judge.

The appellant Bretthauer was the defendant in a suit brought against him by the appellee Walton for the recovery of a real estate salesman's commission. The trial was before the judge without a jury; final judgment was entered in favor of Walton, whereupon the defendant appealed. We find error and reverse.

In July, 1961, Bretthauer was a real estate broker and J.H. Lewis was a salesman for Bretthauer. Lewis as such salesman...

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