Opinion
June 13, 1952.
Appeal from Circuit Court, Dade County; Grady L. Crawford, Judge.
Loftin, Anderson, Scott, McCarthy Preston, Miami, for appellants.
Taylor, Burr Creel, Miami, for appellees.
This is a case filed under Chapter 87 F.S.A. (Declaratory Judgment Statute) to recover real estate commissions under an alleged oral contract. At one time the appellants had a written contract with the appellees, but it is shown by the pleadings that the written contract had expired without performance and there is no claim which could be asserted under the terms of the written contract. As shown by the bill of complaint, the actual terms of the oral contract are uncertain and even if such contract existed and the terms were certain, the question of performance is doubtful and becomes a question of fact.
The Chancellor granted the motion to dismiss the bill of complaint.
Affirmed, under the authority of the case of Coral Gates Properties, Inc., v. Hodes, Fla., 59 So.2d 630; Ready v. Safeway Rock Co., 157 Fla. 27, 24 So.2d 808; Brown v. Foley, 158 Fla. 734, 29 So.2d 870; Deen v. Weaver, Fla., 47 So.2d 539; Smith v. Beery, Fla., 55 So.2d 580.
SEBRING, C.J., and ROBERTS, J., and REVELS, Associate Justice, concur.