SCHUMACHER v. WELLMAN

Nos. 81-992, 81-1286.

415 So.2d 120 (1982)

Richard E. SCHUMACHER, Appellant, v. Arthur O. WELLMAN, Jr., Individually, and As Executor of the Estate of Nancy S. Wellman, Deceased, and Lost Tree Village Corporation, Appellees. LOST TREE VILLAGE CORPORATION, Appellant, v. Arthur O. WELLMAN, Jr., Individually, and As Executor of the Estate of Nancy S. Wellman, Deceased, and Richard E. Schumacher, Appellees.

District Court of Appeal of Florida, Fourth District.

June 16, 1982.


Attorney(s) appearing for the Case

David K. Friedman and Robert Sader of Tworoger, Sader & Ferrell, P.A., Fort Lauderdale, for Lost Tree Village Corp.

Slawson & Burman, North Palm Beach, Jane Kreusler-Walsh and Larry Klein, West Palm Beach, for Richard E. Schumacher.

D. Culver Smith, III, of Steel, Hector, Davis, Burns & Middleton, Palm Beach, for Arthur O. Wellman, Jr.


HERSEY, Judge.

The final judgment on appeal here awards a real estate broker's commission from an earnest money deposit forfeited by a defaulting purchaser in the absence of a written agreement specifically requiring that result.

Pursuant to an oral listing agreement between Lost Tree, as broker, and Schumacher, as seller, a purchase and sale agreement was negotiated and ultimately executed by seller and Wellman, the purchaser. Illness of the purchaser's wife...

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