JONES, Circuit Judge.
The appellant, John P. Sorenson, brought a suit against Mac Elrod and others, including the appellee, Bank of Miami Beach. The case was tried without a jury. There is no dispute as to the evidentiary facts and the defendants offered no testimony. Elrod, under the name of Elrod Associates, sent to Sorenson, who had answered an advertisement, a folder offering to sell some sort of an interest called "points of participation" in a venture involving...
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