Livingston v. Malever

This is the second appearance of this ease before this court. See Malever v. Livingston, 95 Fla. 272, 116 So. 15. We there held that inasmuch as the declaration alleged that the plaintiff was employed by the defendant to sell certain property, the declaration should have alleged sufficient ultimate facts to show that there was a consummated sale, or procurement by the plaintiff from the purchaser of a binding written contract of purchase upon the terms authorized by the principal which the principal' could enforce if necessary, and that for these-reasons the demurrer to the original…