Fenton v. Bancroft Hotel Associates, Inc.

Appellants, David Fenton and David Muskat, plaintiffs below, seek reversal of a judgment in favor of appellee-defendant, Bancroft Hotel Associates, Inc., in an action to recover a real estate brokers’ commission.

*68Appellants were given on oral, non-exclusive listing to sell the Bancroft Hotel, an ocean front Miami Beach hotel owned by appellee. The only terms of the sale contained therein were the purchase price, $1,500,000, and a down payment of approximately 29% or $400,000 which was subject to change. A commission for the appellants was generally discussed and it was agreed that a commission…