Opinion
No. 64-903.
June 15, 1965. Rehearing Denied July 23, 1965.
Appeal from the Circuit Court for Dade County, Francis J. Christie, J.
M.H. Rosenhouse, Miami, for appellants.
Fowler, White, Gillen, Humkey Trenam, Richard S. Banick, Dubbin, Schiff, Berkman Dubbin and Robert H. Givens, Jr., Miami, for appellees.
Before BARKDULL, C.J., and TILLMAN PEARSON and SWANN, JJ.
By this appeal we are requested to review summary judgments on behalf of the appellees, who were defendants in a suit to collect a real estate brokerage commission.
We affirm the action of the trial judge. Where one cooperating broker is under a disability to recover a commission because of being non-registered, this infirmity affects the validity of the entire contract and no recovery should be permitted, notwithstanding the fact that the broker, validly registered, may not have known of the disability of his cooperating broker. See: Campbell v. Romfh Bros., Inc., Fla.App. 1961, 132 So.2d 466; Haas v. Greenwald, 196 Cal. 236, 237 P. 38, 59 A.L.R. 1493; Brandenburger Marx, Inc. v. Heimberg, Mun.Ct., 34 N.Y.S.2d 935; Payne v. Volkman, 183 Wis. 412, 198 N.W. 438.
Affirmed.