Munck v. Manatee River Bank & Trust Co.

In September, 1925, G. • L. Stuart, L. F. Vaught, and H. P. Munck, as a partnership of real estate brokers, sold certain lands in Manatee County for Lex J. Kirkpatrick to Century Estates, Inc. Part of the consideration was paid in cash and the balance representing deferred payments secured by a mortgage on the lands was paid in notes'. One note for $12,500.00, being a portion of the balance due, was made by Century Estates, Inc., to Stuart, Vaught, and Munck jointly and represented a part of their commission for making the sale.

The notes were not paid when due, Lex J. Kirkpatrick died, and…