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ARBOGAST v. BRYAN

No. 79-303.

393 So.2d 606 (1981)

C.B. ARBOGAST, Jr., C.B. Arbogast Real Estate, Inc., and C.B. Arbogast, Jr., Patrick J. Ryan, Robert F. McRoberts, Jr., Eva Arbogast and Mary Ann Ryan, As Trustees of the Said Corporation, Appellants, v. Gerald E. BRYAN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 3, 1981.

Attorney(s) appearing for the Case

Martha C. Warner, Warner, Fox & Seeley, Chartered, Stuart, for appellants.

J. Stockton Bryan, Stuart, for appellee.

MOORE, Judge.

The appellee, Bryan, successfully sued the appellants for recovery of portions of real estate commissions allegedly withheld from him. Appellants seek reversal of the final judgment entered in favor of the appellee after a non-jury trial. We find that the appellee waived his right to payment and we reverse.

Bryan was employed as a real estate salesman from 1969 to January, 1975 by the broker, C.B. Arbogast Real Estate, Inc. The broker corporation...

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