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HUTTON v. PERRY

No. 86-266.

495 So.2d 876 (1986)

E.M. HUTTON, D/B/a Trans State Realty, Appellant, v. Cecil W. PERRY, Appellee.

District Court of Appeal of Florida, Fifth District.

October 9, 1986.

Attorney(s) appearing for the Case

S. Sue Robbins of Matthies, Cross, deBoisblanc & Haldin, P.A., Ocala, for appellant.

James M. Smith, Jr., Ocala, for appellee.

COWART, Judge.

Perry, as owner, agreed to pay E.M. Hutton, as broker, ten percent of certain purchase money payments due Perry from Florida Peach, a purchaser Hutton had procured for Perry. Before the transaction between Hutton and Perry was closed, however, Perry transferred the property, subject to the contract in favor of Florida Peach, to York in exchange for land of equal value. York closed with Florida Peach, giving Florida Peach a deed and taking back a purchase...

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