Good v. Botsay

GULOTTA, Judge.

In this action by a yacht broker for a commission on the sale of a vessel, plaintiff appeals from a judgment dismissing his suit after a trial on the merits. Because we conclude the trial judge erred as a matter of law in concluding that no commission was due even though the broker was the procuring cause of the sale, we reverse and set aside the trial court’s judgment and award plaintiff 10% of the sale price.

Defendant Jay Botsay of Chalmette, Louisiana desired to sell his 36 foot Harter-as Sports Fisherman vessel located at the Gulf Outlet Marina in Louisiana. Botsay posted…