Loading...
HomeMy WebLinkAbout2531 - • i b. That the sale was consummated upon the terms of the contract which was placed into evidence. Title to the property being taken ici the name of ISLAND PARTNERS, INC. 5. That the contract required the Third-Party Defendants, f ISLAND PARTNBRS, ISLAND PARTNERS, INC., TERRY HARRIDAN, EDFIARD VILLADONGA, and LAWRENCE C. GABRIELB, to pay the Plaintiff a real estate commission. 6. That the amount of the commission was not specifically agreed upon nor set forth in the contract. - ~ z 7. That a reasonable commission for the services of the ~ . i Plaintiff would be $ D0 , d?"rJ . U~ • ~ ' 8. That the Third-Party Defendants, ISLAND PARTNERS, ISLAND t PARTNERS, INC., TERRY HARRIDAN, EDWARD VILLADONGA and LAWRENCE C. GABRIELE, ; agreed to save and hold harmless the Defendants, FZRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MARTIN COUNTY and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROWARD COUNTY, and to defend the Federals against any ~ claim for a real estate commissioa filed by the Plaintiff, KROLL REALTY, INC. ' 9. That the parties Stipulated in the Pre-trial Stipulation ' that the Federals tendered the defense of this action against them to ~I the Third-Party Defendants and that such tender was refused. ~ ~ 10. That IQtOLL REALTY, INC., had agreed with FIRST FEDERAL i - - SAVINGS AND LOAN ASSOCIATION OF MARTIN COUNTY and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROWARD COUNTY, that KROLL REALTY, ZNC., would obtain their commission from the Third-Party Defendants. CONCLUSIONS OF LAW 1. - That the Plaintiff, KROLL REALTY, INC., is entitled to be awarded a commission from ISLAND PARTNERS, a partnership, ZSLA~iD PARTNERS, INC., TERRY HARRIDAN, EDWARD VILLADONGA and LAWRENCE C. GABRIELE, without ~ interest, as the commission was not a liquidated amount. 2. That the Plaintiff, KROLL REALTY, INC., is not entitled h"~" to a Judgment against FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MARTIN COUNTY and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROWARD COUNTY. a 8(lOK 328 PAGE ~~iJJV 2 - f1