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DOLLAR SYSTEMS, INC. v. AVCAR LEASING SYSTEMS, INC.

No. 87-6422.

890 F.2d 165 (1989)

DOLLAR SYSTEMS, INC., Plaintiff-Counterclaim-Defendant-Appellant, v. AVCAR LEASING SYSTEMS, INC.; William H. Schroff; William Smoot, Conrad Marshall; Ralph Apton, Defendants-Appellees, Avcar Leasing Systems, Inc., Counterclaim-Plaintiff-Appellee, Henry J. Caruso; E. Woody Francis, Counterclaim-Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1989.

Attorney(s) appearing for the Case

Theodore F. Schwartz, Clayton, Mo., for plaintiff-counterclaim-defendant-appellant.

David J. Butler, Brownstein, Zeidman, and Schomer, Washington, D.C., for defendants-counterclaim-plaintiffs-appellees.

Ralph J. Apton, pro se.

Before NORRIS, NOONAN and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

OVERVIEW

Dollar Systems, Inc. ("DSI") brought this action against Avcar Leasing Systems, Inc. ("Avcar") for breach of a franchise contract. Avcar counterclaimed for rescission and restitution under California Franchise Investment Law, Cal.Corp.Code §§ 31101, 31110, and 31119 (West Supp.1989). Following a bench trial on the rescission counterclaim, the district court: (1) rescinded...

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