Strano v. Carr & Carr, Inc.

In this case a real estate broker brought suit to recover the amount of commissions alleged to be due him from the defendant. The declaration upon which trial was had contained eight counts. The first two counts were special counts on the contract. The remaining counts were the common counts. There was a judgment for the plaintiff to which writ of error was taken. The evidence fails to support the verdict under either count of the declaration. This Court, in Wiggins, Administrator, v. Wilson et al., 55 Fla. 346, 45 So. R. 1011, enunciated the rule applicable to suits based on contract like…