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Zide v. Zenchenko

Jean ZIDE, Doing Business as Dade County Realty v. Anna ZENCHENKO

Zide v. Zenchenko, 101 So. 2d 64 (Fla. Dist. Ct. App. 1958)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
February 27, 1958
Docket
No. 57-354
Judges
Carroll, Chas, Horton, Pearson
Citations
101 So. 2d 64

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 11968: 11970: 21973: 119602026peak 1970 · 2

Relies on it most ⓘ

  1. Rod-Lyn Corp. v. DeBelay231 So. 2d 233 (Fla. Dist. Ct. App. 1970)
  2. Hardin-Lowrey Realty Co. v. Hine213 So. 2d 308 (Fla. Dist. Ct. App. 1968)
  3. Financial Business Services, Inc. v. Schmitt272 So. 2d 536 (Fla. Dist. Ct. App. 1973)
  4. Cheek v. Long235 So. 2d 349 (Fla. Dist. Ct. App. 1970)
  5. Present v. Mueller119 So. 2d 802 (Fla. Dist. Ct. App. 1960)

Most recent

  1. Financial Business Services, Inc. v. Schmitt272 So. 2d 536 (Fla. Dist. Ct. App. 1973)
  2. Cheek v. Long235 So. 2d 349 (Fla. Dist. Ct. App. 1970)
  3. Rod-Lyn Corp. v. DeBelay231 So. 2d 233 (Fla. Dist. Ct. App. 1970)
  4. Hardin-Lowrey Realty Co. v. Hine213 So. 2d 308 (Fla. Dist. Ct. App. 1968)
  5. Present v. Mueller119 So. 2d 802 (Fla. Dist. Ct. App. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Best v. Kelley, 155 P.2d 794 (Wash. 1945) 24
R. J. & B. F. Camp Lumber Co. v. Tedder, 82 So. 865 (Fla. 1919) 14

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