HomeMy WebLinkAbout1491 Saleeby vs. Haas No. 73-178-CA
County Bank. According to Mr. Haas, Mr. Saleeby wanted a fee of
$20,000, Mr, Haas offered to pay $15,000, and they ultimately agreed
upon a fee of $18,000. Mr. Haas said that his first knowledge that
Mr. Saleeby expected more than the $18,000 was in a letter received
by him from Mr. S3leeby dated September 9, 1972; said letter admitted
in evidence in this case as Defendant's Exhibit No. 1. Mr. Haas
further denied he ever received any statements from Mr. Saleeby. Mr.
Haas acknowledged that he and his wife had been taken by Mr. Saleeby
to the Sample Grove approximately ten days before the bid was sub- _
mitted to the St. Lucie County Bank. This was the time, according
to Mr. Saleeby, that the agreement was made concerning fees. Mr.
Haas was not asked and did not testify concerning any conversation
which took place between he and Mr. Saleebp at that time. Mrs. Haas
who was present in the courtroom during the trial was not called by
the Defendant to testify as to any conversation between her husband
anc3 Mr. Saleeby concerning fees. According to Mr. Saleeby, Mrs.
Haas was present when the agreement was :nade between him and Mr. Haas.
In addition to the testimony of Mr. Saleeby and Mr. Haas, the
only othex testimony presented-to the court was in the form of the
Deposition of Hubert J, Kearns, which was admitted into evidence
as Defendan t's Exhibit No. 3. Mr. Kearns, the son-in-law of Mr.
Haas, in his deposition testified that he was present in Mr. Saleeby's
office the sar~ie day that the bid was submitted to the St. Lucie
County Bank and that Mr. Haas offered Mr. Saleeby $18,000 for his
services. According to Mr. Kearns' testimony, there was no per-
centage of a broker's fee mentioned, just the $18,000 and there was
no discussion as to how this $18,000 was to be paid.
There is no way to reconcile the testimony of Mr. Saleeby and
Mr. Haas. One of them is mistaken as to the terms of the agreement
between them. Since this is a non-jury trial, it is up to the court
to determine the beiievability of the witnesses and the weight to
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