Marlin v. Oakwood Manor, Inc.

McNULTY, Chief Judge.

Plaintiff-appellant, a real estate broker, seeks a commission allegedly due for brokerage services rendered to appellee. He appeals iron a final judgment dismissing his fourth amended complaint with prejudice. We reverse.

The fourth amended complaint herein is in two counts. The material allegations of Count I are as follows:

“4. That during the month of February, 1972, the defendant entered into an oral listing with one Daniel Levine, a registered real estate broker, authorized and licensed and in good standing in the State of Florida for the sale of certain real estate,…