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BRAMAN DODGE, INC. v. SMITH

No. 85-2700.

515 So.2d 1053 (1987)

BRAMAN DODGE, INC., Appellant, v. David B. SMITH and Luz Elvira Smith, Appellees.

District Court of Appeal of Florida, Third District.

November 24, 1987.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Bercuson, Cahan, Lasky & Tarr, Miami, for appellant.

Stephen K. Loffredo, Miami Shores, for appellees.

Before SCHWARTZ, C.J., and HENDRY and BASKIN, JJ.

HENDRY, Judge.

Plaintiffs, David and Luz Smith, brought a suit against defendant, Braman Dodge, Inc., seeking cancellation and rescission of a contract and security agreement for the purchase of a 1983 automobile and damages for fraud allegedly perpetrated on the plaintiffs in connection with the sales transaction. The jury, using a special interrogatory verdict, rejected the fraud count, finding instead that due to mutual mistake, without deliberate fault on the...

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