Kernjack v. Joe Cotton Realty Corp.

MANN, Judge.

Cotton’s counsel contends that his client has earned this commission twice. The Circuit Court concluded that he had earned it once. The countdown continues.

Kernjack told Cotton that he wanted to sell some acreage in Collier County at a certain price. Cotton promptly found a purchaser at Kernjack’s price, but the proposed contract provided for release of non-contiguous parcels for a specified higher sum per acre, the excess to be treated as a prepayment on the next accruing installments. So far, no earned' comission: the conditions as well as the price must be acceptable.…