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ARVIDA CORP. v. NU-WAY PLUMBING, INC.

No. 74-44.

295 So.2d 118 (1974)

ARVIDA CORPORATION, a Delaware Corporation, Appellant, v. NU-WAY PLUMBING, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 31, 1974.

Attorney(s) appearing for the Case

George W. Wright, Jr., and Fred N. Kellner of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for appellant.

Larry Klein of Cone, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court order denying the defendant's motion to dismiss the complaint. The action was for recision of a contract because of mistake. As plaintiff-appellee concedes, the complaint was defective for failure to allege the mistake with particularity. F.R.C.P. 1.120(b), 30 F.S.A.; Curtis v. Briscoe, 129 So.2d 450 (2d D.C.A. Fla. 1961) and Van Meter v. Bank of Clearwater, 276 So.2d 241<...

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