(Download) "Castillo v. State" by District Court of Appeal of the State of Florida Fourth District January Term 2006 * Book PDF Kindle ePub Free
eBook details
- Title: Castillo v. State
- Author : District Court of Appeal of the State of Florida Fourth District January Term 2006
- Release Date : January 07, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Herbert P. Lester sued J.C. Pirkle Machinery Company Incorporated, to recover $6,000 for an alleged breach of a brokerage contract. The petition as finally amended alleged substantially the following: that the defendant company operates a brokerage business, dealing in textile plants, textile machinery, etc.; that defendant is indebted to the plaintiff in the sum of $6,000; that plaintiff obtained from A. L. Fuller of Whitesburg, and/or Newnan, Georgia, a listing, to sell "twenty whiting cards" (a whiting card being a heavy piece of machinery used in the textile industry for combing cotton fibre and other types of fibres) at a net price to A. L. Fuller of $5,000 per card, less 10% commission to the plaintiff; that on January 6, 1947, on the same day plaintiff obtained said listing, plaintiff entered into a contract with defendant company, acting through J. C. Pirkle, president of defendant company and its duly authorized agent, whereby defendant company agreed to find a buyer, negotiate and consummate the sale of said "twenty whiting cards" on a basis of 10% commission which was to be split "fifty-fifty" between plaintiff and defendant when the sale was consummated, less whatever expenses had been incurred in negotiating and closing said sale; that defendant company and J. C. Pirkle, president of defendant company agreed and did undertake to find a buyer on the foregoing terms, and that plaintiff gave to the defendant company the location of the "twenty whiting cards," which were at Newnan or Whitesburg, Georgia, and the property of A. L. Fuller; that defendant company by its President, J. C. Pirkle, acting under the agreement had with the plaintiff, did find a buyer for said "twenty whiting cards," namely, Norman S. McDowell, for the price of $4,300 each, net to said A. L. Fuller, or a gross sale price, each, of $4,900 of which sum $600 each was retained as commission for the sale of said cards by the defendant company, which makes the sum total of $12,000 commission for negotiating the sale of said cards; that plaintiff made demand on defendant company for the sum of $6,000, plaintiffs share of the commission, and for interest at 7% per annum from date of said sale; defendant company refused to pay such sums, or any part thereof. Plaintiff further alleged that the defendant company has all the records of the transaction with Norman S. McDowell, and that said defendant and its president, J. C. Pirkle, are hereby notified to have and produce into court the entire record pertaining to said sale to Norman S. McDowell, to wit: all telegrams, contracts, letters, paid checks, the daily office book record of sales, ledger, cash book, and any other item that shows data of said sale, same to be used by plaintiff as evidence in the trial of the case.