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MUTUAL EMPLOYEES TRADEMART v. SILVERMAN

No. 66-664.

202 So.2d 826 (1967)

MUTUAL EMPLOYEES TRADEMART, a Delaware Corporation, Appellant, v. Jack SILVERMAN and Max L. Cohen, As Trustees, Appellees.

District Court of Appeal of Florida, Third District.

October 3, 1967.

Attorney(s) appearing for the Case

Milton E. Grusmark and Harris J. Buchbinder, Miami Beach, for appellant.

Ward & Ward and Robert C. Ward, Miami, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and HENDRY, JJ.

HENDRY, Judge.

The question presented is whether a prorated portion of a real estate brokerage commission is recoverable as damages by the lessor after lessor terminated the lease because of lessee's failure to pay the rent due.

The appellee cites the case of Trustees of First Presbyterian Church in Newark v. Howard Co. — Jewelers, 19 N.J.Super. 168, 88 A.2d 33 (1952) in support...

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