Blount v. Tomlinson

Citations

• 57 Fla. 35

Syllabus

<p>1. Where a real estate broker or dealer agrees by parol with a known agent of a known principal to obtain a purchaser for the real estate of the latter and a sale is effected, the legal presumption is if commissions on the sale are agreed to be paid the broker, that the principal is liable to pay the commissions rather than the agent of such principal, and this presumption will prevail unless it is made to appear by the eVidence that credit for the commissions was given to the agent; and in a suit by the broker or dealer against the agent to recover the commissions .the burden of proof rests upon such broker or dealer, of showing that the agent agreed to be personally responsible for such commissions. But where the contract or dealings between the parties are' such ¿is prima facie bind the agent, the burden of proof that in fact they bound the principal is upon the agent.</p> <p>2. A party dealing with an agent is not at liberty to fix the terms upon which he will deal with such agent without regard to the consent or promise of the latter.</p>