Stern v. J. Nichols Produce Co., Inc.

TERRY, Associate Judge:

Appellant, a real estate broker, seeks reversal of a trial court judgment denying his claim to a monthly commission under a subleasing agreement. He argues first that he was the beneficiary of an express trust. Alternatively, he contends that the court erred in not imposing an equitable lien or constructive trust on that portion of the monthly rent received by the sublessor, a bankrupt partnership, which was designated to satisfy his commission. We reject both arguments and hold that appellant is not the beneficiary of any trust, express or constructive, and is not…