WINTER v. SURFVIEW REALTY, INC.

No. 80-1194.

400 So.2d 839 (1981)

Donald F. WINTER and Betty Winter, His Wife, Appellants, v. SURFVIEW REALTY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

July 8, 1981.


Attorney(s) appearing for the Case

C. Allen Watts of Watts, Biernacki & Frost, P.A., Deland, for appellants.

Walter E. Foster, Jr., Daytona Beach, for appellee.


DAUKSCH, Chief Judge.

This is an appeal from a judgment in favor of appellee in a suit for the payment of a real estate broker's commission.

The parties entered into a contract entitled "Exclusive Right of Sale" which in essence allowed the "broker," Surfview Realty, Inc., 365 days to sell the Kings Inn (and other named motels) and to collect a five percent commission for the sale. It also provided that the broker would receive the commission even if the owner...

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