Zide v. Zenchenko
Jean ZIDE, Doing Business as Dade County Realty v. Anna ZENCHENKO
Opinion of the Court
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PER CURIAM.
Appellant is a real estate broker who sought to recover a commission by a cross complaint in chancery. The sale had failed because of a defect in title. The chancellor found upon the basis of conflicting testimony that the broker accepted employment with knowledge of the defect and that it might preclude a sale. The chancellor properly dismissed the cross bill after trial. See Camp Lumber Co. v. Tedder, 78 Fla. 183 , 82 So. 865 , where the absence of notice of defective title is set forth as an element necessary for recovery by broker upon a sale which fails because of defective title in the seller. See cases cited in Best v. Kelley, 22 Wash.2d 257 , 155 P.2d 794 , 156 A.L.R. 1398 ; 169 A.L.R. 617 .
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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