RAUSCH-LIVINGSTON REAL ESTATE, INC. v. DIXON

No. 71-442.

260 So.2d 290 (1972)

RAUSCH-LIVINGSTON REAL ESTATE, INC., a Florida Corporation, Appellant, v. Charles R. DIXON and Hilda M. Dixon, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

April 5, 1972.


Attorney(s) appearing for the Case

Frates, Floyd, Pearson & Stewart, Miami, and Danahy, Garcia & Fields, Tampa, for appellant.

John M. Mankin, of Hill, Hill & Dickenson, Tampa, for appellees.


McNULTY, Judge.

Plaintiff-appellant, a realty firm, sued in two counts to recover a real estate commission. Count one alleged employment by appellees and appellant's performance by being the procuring cause of a subsequent sale. Count two alleged a special contract of employment but was dismissed with prejudice as not stating a cause of action. This appeal ensued upon stipulation of the parties that trial on count one would be held in abeyance abiding the outcome...

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