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Home My WebLink About1490 Saleeby vs taas No. 73-178-CA percent of the purchase price is not $18,000, but in fact would be $18,927.78. However, a stipulation has been filed by the parties, stipulating and agreeing that the only issue to be tried and de- termined at the trial of this cause is whether the real estate commission mentioned in the complaint was to be three percent of the purchase price, as contended by the Plaintiff, or $18,000 as contended by the Defendant. There is a basic conflict in the testimony of the Plaintiff . ~ and the Defendant. Mr. Saleeby testified that Mr. Haas was re- - ferred to him by a third party sometime during 1971, and he showed him several groves which were for sale, including the Sample Grove. He stated that he explained to Mr. Haas that the Sample Grove was to be sold by bid and that the seller would not pay any broker's commission and that his fee would have to be paid by Mr. Haas. Mr. Saleeby testified that this discussion took place sometime during October 1971, while he was showing the Sample Grove to Mr. Haas and Mr. Haas' wife. He said he told Mr. Haas that his normal fee in a I ~ transaction such as this waG five percent, but in this case he _ ~ ~ ~ agreed to accept a fee of three percent of the purchase price and to , , ~ ~ allow it to be paid in installments as the 1971-1972 fruit crop was ~ ~ picked and sold. Mr. Saleeby testified that after all of the 1971- ~ 1972 fruit crop had been picked and sold, and according to Plaintiff's ~ version of the agreement, the remaining balance of his fee was due and payable, he contacted Mr. Haas about payment, sent numerous ~ ~ ~ statements, received promises of payment, but no denial of indebted- ~ ness by Mr. Haas. He testified that the $18,000 figure was never - mentioned to him prior to his suit. ~ = Mr. Haas on the other hand testified that the only agreement '`rr`=; in reference to Mr. Saleeby's fee was reached in Mr. Saleeby's office on October 29, 1971, the day the bid was submitted to the St. Lucie ~ ~ ~ ~ _ - 2 - a a ~p ~1~~ ~ . . . _ ~ = x,