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SCHMALZRIED v. FINDLEY

No. 80-601.

394 So.2d 436 (1981)

Charles J. SCHMALZRIED and Robert E. Caldwell, Appellants, v. Emery M. FINDLEY, Jr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 13, 1981.

Attorney(s) appearing for the Case

Adams & Ward and Robert C. Ward, Miami, for appellants.

Floyd, Pearson, Stewart, Richman, Greer & Weil and Bertha Claire Lee, William Snow Frates, Miami, for appellee.

Before HUBBART, C.J., and SCHWARTZ, J., and LILES, WOODIE A. (Ret.), Associate Judge.

PER CURIAM.

The summary judgment entered below is reversed because the record reflects a genuine, triable issue as to whether the plaintiff-brokers earned their commission by producing a buyer ready, willing, and able to purchase on terms acceptable to the defendant-seller, and upon which he actually and specifically agreed. Hopkins v. Gibson Furniture, Inc., 312 So.2d 499 (Fla.2d DCA 1975); Jerry Norris, Inc. v. Ackel...

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