Hartnett v. Fowler
| Decision Date | 24 April 1957 |
| Parties | Richard J. HARTNETT, Appellant, v. Ernest S. FOWLER and Helen W. Fowler, his wife, Appellees. |
| Court | Florida Supreme Court |
Joseph E. Johnson, Jr., Brooksville, and Trinkle & Moody, Plant City, for appellant.
W. M. Larkin of Larkin & Larkin, Dade City, for appellees.
Appellant Hartnett who was plaintiff below seeks reversal of a judgment for the defendants-appellees based on a directed verdict in a case tried by the judge without a jury.
The determining point is the correctness of the order of the trial judge directing a verdict at the close of the plaintiff's case.
Appellant Hartnett, a real estate broker, sued Mr. and Mrs. Fowler for a commission. By Count 2 of his complaint, Hartnett alleged that the appellees-Fowler engaged him as a broker to find a purchaser for a parcel of land. He alleges that he produced a purchaser ready, willing and able to buy on the terms stipulated by the appellees. It is further alleged that the appellees refused to sell, despite their alleged agreement. It is then concluded that they were obligated to the appellant for the agreed commission.
The appellees admitted that they listed their property for sale with the appellant but contended by their answer that the terms of the listing were widely at variance with the terms agreed upon by the proposed purchaser produced by appellant.
Upon trial the parties waived a jury. The trial judge heard the testimony offered by appellant and thereupon granted the motion of the appellees for a directed verdict. Final judgment followed this order. Reversal of the judgment is now sought.
The appellant contends that by the evidence offered, he established a prima facie case sufficient to preclude the directing of the verdict.
The appellees, of course, contend that at the trial the appellant failed to establish the existence of the alleged listing contract.
We have held that the power to direct a verdict should be exercised with a degree of caution. Davis v. Equitable Life Assur. Soc. of United States, 149 Fla. 678, 6 So.2d 842.
It is also well settled that a party who moves for a directed verdict admits for the purpose of testing the motion the facts in evidence and in addition admits every reasonable and proper conclusion based thereon which is favorable to the adverse party. Dempsey-Vanderbilt Hotel v. Huisman, 153 Fla. 800, 15 So.2d 903.
It is appropriate to direct a verdict for the defendant only when the evidence considered in its entirety and the reasonable inferences to be drawn therefrom fail to prove the plaintiff's case under the issues made by the pleadings. Golden v. Morris, Fla.1951, 55 So.2d 714.
We do not overlook the proposition that this cause was heard by the trial judge without a jury. We have, however, held that where a law action is tried by the judge without a jury a motion for a directed...
To continue reading
Request your trial
-
Sheffield v. Superior Ins. Co.
...and in addition admits every reasonable and proper conclusion based thereon which is favorable to the adverse party." Hartnett v. Fowler, 94 So.2d 724, 725 (Fla.1957) (citing Dempsey-Vanderbilt Hotel v. Huisman, 153 Fla. 800, 15 So.2d 903 Although several physicians testified that Ms. Sheff......
-
Wolmer v. Chrysler Corp.
...in the plaintiff's favor." McDaniel v. Great Atlantic & Pacific Tea Co., 327 So.2d 893, 895 (Fla. 3d DCA 1976); see also Hartnett v. Fowler, 94 So.2d 724 (Fla.1957); Toyota Motor Co. v. Moll, 438 So.2d 192 (Fla. 4th DCA 1983); Tesher & Tesher, P.A. v. Rothfield, 387 So.2d 499 (Fla. 4th DCA ......
-
Jesters v. Taylor
...to plaintiffs, were insufficient as a matter of law to prove the plaintiffs' case under the issues made by the pleadings. Hartnett v. Fowler, Fla.1957, 94 So.2d 724. The unfortunate accident resulting in serious injuries to Bobby arose out of the following series of events: Bobby, an eleven......
-
American Motors Corp. v. Ellis
...there is any reasonable evidence upon which a jury could legally predicate a verdict in favor of the non-moving party. Hartnett v. Fowler, 94 So.2d 724 (Fla.1957). In considering a motion for directed verdict for the defendant, the court is required to evaluate the testimony in the light mo......