L. J. Batman Et Ux. v. J. B. Creighton Et Al‪.‬

Leslie Mangus, petitioner, will hereinafter be referred to as Mangus; Art Present, trading and doing business as Art Present Realty, respondent, will hereinafter be referred to as Art Present. Mangus and Art Present were both in the real estate business. Mangus was plaintiff below and Art Present was defendant below. Mangus had a listing on certain real estate which was not exclusive. Mangus and Art Present entered into written contract whereby Art Present agreed to produce a purchaser for the lands described in the listing of Mangus and split commission [five percent] fifty-fifty. After executing the contract, Art Present produced a buyer and sold a portion of the said real estate, receiving a real estate commission of $5,500. Mangus demanded payment of one-half said commission but was refused payment, whereupon Mangus brought suit for damages against Art Present in the Civil Court of Record of Dade County. Art Present admitted the execution of the contract with Mangus and that he, Art Present, had received a commission for selling a portion of the real estate in the sum of $5,500, but interposed certain defenses to payment, the principal one of which was failure of consideration for the contract, in that Mangus did not have an exclusive listing, consequently, alleged Art Present, the contract was unenforceable. On motion of Mangus the trial court struck Art Presents defenses. The case went to trial on the single issue of whether Mangus had a valid listing. The jury found for Mangus and awarded damages in the sum of $2,750, or one-half the commission secured by Art Present for making the sale. Art Present appealed to the District Court of Appeal which reversed and remanded the cause for a new trial. Petition for rehearing was seasonably proffered and denied.