Ikeoka v. Kong

DISSENTING OPINION OE

LEWIS, J., WITH WHOM CASSIDY, J., JOINS.

To recover, the broker had to show that he had earned a commission in the manner specified by the terms of his employment, or that his client (hereinafter referred to as the “seller” or the “sellers”)1 had prevented him from fully performing by arbitrary action or other fault, without any fault on the part of the broker or the customer found by the broker (hereinafter referred to as the “buyer”). Walker v. Chancey, 96 Fla. 82, 117 So. 705; Livingston v. Malever, 103 Fla. 200, 137 So. 113; Dickey *238v. Waggoner, 108 Colo. 197, 114 P.2d…