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QUAYSIDE ASSOCIATES, LTD. v. TRIEFLER

Nos. 85-2329, 85-2424 and 85-2491.

506 So.2d 6 (1987)

QUAYSIDE ASSOCIATES, LTD., a Florida Limited Partnership, and La Ville, Inc., a Florida Corporation, Appellants/Cross-Appellees, v. Edward TRIEFLER, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 19, 1987.

Attorney(s) appearing for the Case

Lapidus & Frankel and Richard Lapidus, for appellants/cross-appellees.

Stuzin & Camner and Richard Bernstein, for appellee/cross-appellant.

Before HUBBART, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

Plaintiff Edward Triefler, a real estate salesman, commenced this action for a sales commission. He alleged two theories: (1) an express contract and (2) an implied contract. The case was submitted to the jury on both theories. A verdict was returned, by a special interrogatory form, finding no express contract but finding a contract implied in fact and assessing damages based on terms the same as those of the alleged express contract.

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