185 So. 2d 490 | Fla. Dist. Ct. App. | 1966
The appellant, Alter, and the appellee, Adams, were co-operating real estate brokers in the sale of an extensive tract of land. After the deal was closed, the ap-pellee, Adams, sued Alter alleging that he was entitled to a larger portion of the commission than he had received. It was alleged that the appellee had accepted a $9,-900 commission upon the representation of Alter that this was the total commission when, in fact, the commission paid to Alter was $45,000. The jury returned a verdict for the appellee in the amount of $20,100. This appeal is from the judgment. We affirm.
Appellant’s second point urges that fraud, which was the basis for the action, was not proved because the appellee failed to make an investigation. See Kaminsky v. Wye, Fla.App.1961, 132 So.2d 44. A review of the record reveals that there was evidence upon which the jury could find that appellant, Alter, was in control of the sale and that the agreement between Alter and Adams was not an arms-length transaction. The appellant and ap-pellee were real estate brokers, each charged with a duty of honesty and fair dealing; therefore, this case is governed by the principles set forth in Board of Public Instruction of Dade County v. Everett W. Martin & Son, Fla.1957, 97 So.2d 21; Alepgo Corp. v. Pozin, Fla.App.1959, 114 So.2d 645.
Affirmed.