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Title: Joseph J. Schneider v. Mack Cohan and William Cohan
Author : Supreme Court of Florida
Release Date : January 27, 1955
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

THOMAS, Justice. As a background for the simple question confronting us we give the chronology of this litigation. It started 14 September
1950 when the appellant filed a complaint against the appellees to recover a commission for services he had performed as a
real estate broker. The cause of action had accrued 19 July 1949. A trial of the issues culminated in a judgment entered 28
November 1951. On 21 December 1951 a new trial was granted and the appellant appealed from the order. The supreme court affirmed
it. Schneider v. Cohan, Fla., 59 So.2d 644. The case was retried, 4 May 1953, and at the conclusion of the appellant's evidence,
the court indicated that he would grant appellees' motion for a directed verdict, so the appellant took a voluntary non-suit.
Meanwhile three years had passed since the cause of action arose. Following the non-suit, from which no appeal was taken,
the appellant instituted a new suit, 8 June 1953.