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E.B. SHERMAN, INC. v. MIRIZIO

No. 88-2827.

556 So.2d 1143 (1989)

E.B. SHERMAN, INC., Appellant/Cross-Appellee, v. Robert MIRIZIO and Ben Smith, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 7, 1990.

Attorney(s) appearing for the Case

Krongold, Bass & Todd, Coral Gables, for appellant/cross-appellee.

Nagin & Green, Miami, for appellees/cross-appellants.

Before NESBITT, FERGUSON and LEVY, JJ.

PER CURIAM.

Cross-appellants Mirizio and Smith challenge the trial court's order denying rescission of a contract. We reverse.

Having found the underlying contract upon which this action was based to be incapable of sustaining cross-appellee Sherman's claim for damages for breach of contract, the trial judge erred in failing to determine disposition of the $50,850 Mirizio and Smith paid Sherman under the contract...

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