MULLE v. SCHEILER

No. 85-423.

484 So.2d 47 (1986)

Thomas V. MULLE, et al., Appellants, v. Albert SCHEILER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 7, 1986.


Attorney(s) appearing for the Case

Raymond J. Rotella, of Kosto & Rotella, P.A., Orlando, for appellants.

Charles J. Cacciabeve and John B. Liebman, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Orlando, for appellee.


ORFINGER, Judge.

There was sufficient evidence that the sellers, appellants here, fraudulently misrepresented the gross income, expenses and profits of the two stores they were negotiating to sell to appellee and that appellee justifiably relied thereon, as to support the trial court's denial of appellants' motion for directed verdict and submission of the case to the jury.

Although the equitable remedy of rescission is generally not available unless the condition...

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