YELEN v. CINDY'S INC.

No. 79-2294.

386 So.2d 1234 (1980)

Mitchell A. YELEN, Appellant, v. CINDY'S, INC., a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 8, 1980.


Attorney(s) appearing for the Case

Javits & Karp and David A. Karp, Miami, for appellant.

Musselman, Welsh & Korthals and John L. Korthals, Pompano Beach, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


HENDRY, Judge.

Appellant, acting as trustee for a group of investors, entered into a franchise agreement with appellee. Appellant paid appellee $10,000.00 as a franchise fee pursuant to the agreement.

A few months after the agreement was entered into, appellant and his group sought to rescind the franchise agreement for alleged violations of the agreement by appellee. Appellant demanded the return of the $10,000.00 franchise fee plus $2,718.00 for damages...

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