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U.S. DRUG DISCOUNT v. FRIED-LASKEY REALTY

No. 85-1330.

483 So.2d 459 (1986)

U.S. DRUG DISCOUNT CORP., Appellant, v. FRIED-LASKEY REALTY CO., Appellee.

District Court of Appeal of Florida, Third District.

As Amended on Denial of Rehearing March 10, 1986.

Attorney(s) appearing for the Case

Gonshak, Gonshak & Gonshak and Evan J. Gonshak, Miami, for appellant.

Ashley L. Diener, Surfside, and Jeffrey Shapiro, Miami, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.

PER CURIAM.

Fried-Laskey Realty commenced this action to recover a brokerage fee. By terms of a multiple listing it agreed to produce a buyer ready, willing and able to purchase business property upon terms agreeable to the seller U.S. Drug Discount Corp. A jury returned a verdict for Fried-Laskey. We reverse.

Where the uncontroverted evidence showed that the prospective purchaser made a material modification to the purchase agreement, which modification was...

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