WILLIAM H. DAVIS, INC. v. BURCH

No. 71-461.

257 So.2d 582 (1971)

WILLIAM H. DAVIS, INC., Appellant, v. David E. BURCH and Marilyn T. Burch, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 29, 1972.


Attorney(s) appearing for the Case

Terrence J. Russell, of Ruden, Barnett, McClosky, Schuster & Schmerer, Fort Lauderdale, for appellant.

Thomas B. Mimms, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellees.


PER CURIAM.

Affirmed.

REED, C.J., and WALDEN, J., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting).

I must respectfully dissent. The final judgment in favor of the defendants-sellers and against the plaintiff-broker was predicated upon the trial court's finding of the existence of an ambiguity in the wording of a supplemental agreement executed by and between the buyer and the seller only, under the terms of which...

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