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KOTTEMANN v. GOODWAY, INC.

No. 30007.

439 F.2d 766 (1971)

John E. KOTTEMANN and Arkay Enterprises, Inc., Plaintiffs-Appellants, v. GOODWAY, INC., d/b/a Discoscene, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1971.

Attorney(s) appearing for the Case

Guion T. DeLoach, Miami, Fla., for plaintiffs-appellants.

Steven J. Rose, Kovner, Mannheimer, Greenfield & Cutler, P. A., Miami, Fla., for defendants-appellees.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

This is an appeal from a non-jury trial which resulted in a judgment for the defendants in a breach of contract action. The plaintiffs, responding to an advertisement, paid $17,000 for a franchising agreement, which authorized them to sell certain articles supplied by the defendants, the appellees here. There was some apparently loose estimating done by the defendants as to the possibilities of the venture. These possibilities never became an actuality...

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