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~~~~~3 IN THE COUNTY COURT IN AND
FOR ST. LUCIE COUNTY. FLORID~?
. CASE NO. 74-32-SP-Ol ~
~ . ~
UNITED FARM AGENCY, INC. )
. ~ . :
Plaintiff )
~ ~
vs ~ ) FINAL JIIDGI~NT
) FOR PLAINTIFF
HENRY G. WHITE )
)
Defendant )
)
)
~ r
~
THIS CAUSE came on for hearing before the Court withont t
the intervention of a jury on February 25, 1974. The Court beard
testimony from D. C. WHITCOMB, a former agent or employee of the
Plaintiff, that Defendant executed two agreements listing certain
real property for sale through the Plaintiff's office and agr~ein~
to pay to the Plaintiff a commission for any sale of the property
arranged by Plaintiff. Subsequent to the execution of the two
listing agreements, Defendant entered into an agreement of sale
for the real property wherein the prospective buyers had been _
~
secured through Plaintiff'.s office. Plaintiff further testified `
that at the time of closing of the proposed sale, Defendant refus~ _
f
to convey title to the real property. The two listing aqreements '
~ and the agreement of sale were entered into evidence as Plaintiff's
Exhibits 1, 2, and 3. Defendant offered testimony that he had
indeed executed the two listing agreements and the agreement of
sale, and offered testimony to the effect that title to the propert~
which was the subject matter of the two listing agreements and
the sale agreement had been posted as surety for an appeal bond,
and that the title to the property had been so effected at t~e date
of the listing until November 27, 1973. The parties offered con-
~ ther or not Defendant had made Plaintiff
flicting testimony as to whe
aware of this cloud upon the title to the property at the tiuae
~ listing agreements were signed. Inasmuch as the Plaintiff has £
~
~ tendered three written instruments which appear to be camplete
~ on their faces, the testimony offered regarding the state of the
~
~ title prior to the execution of the instruments is parol evideace
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~ OA •
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