HomeMy WebLinkAbout1480 f
. t
an oral agreement. existed but denied plaintiff's version.
Defendant stated that plaintiff was to receive five (5$) per
cent earned only on houses solicited by plaintiff and no
percentage on extras. Plaintiff would be remunerated for his
service by receiving a percentage of profits actually made up
to a maximum of five (5~) per cent of the gross sales price if
. the anwunt of profit was sufficient to pay same over and above
a reasonable profit to defendant. Further, plaintiff was
,responsible for making sure the sales price negotiated was
sufficient to guarantee defendant that it would make a profit ~
and not lose money. Further, that plaintiff did underestimate
f-
costa, did not get subcontrators' prices and caused loss to
defendant. Further, defendant stated he permitted $200.00 per
week drawn because of plaintiff's financial condition, but it
was understood ft would be drawn against commissions. According
to defendant, plaintiff has drawn over his commissions earned.
Further, defendant stated that plaintiff should be barred from
bringing his action at all because of violation of d475.42(d)
of the Florida Real Estate License Law.
Defendant also claimed attorney's fees to defend this
action.
This Court must resolve the oral agreement between
I
the parties.
D
t
EUGENE GILBERT, secretary/treasurer of the defendant
t~
corporation, testified that he has been in the construction
business since he was fifteen "years of age, that he is a succes~-
ful contractor, registered as a certified general contractor
with the State of Florida for residential and commercial buildings
and had built many residential and commercial buildings over
many years. He further stated that final responsibility of con-
struction was his and~that he made final-decisions on all
2 _
~c~~, p~~
~ I