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HENSON v. JAMES M. BARKER CO., INC.

No. 87-1437.

555 So.2d 901 (1990)

Larry K. HENSON and Cheryl D. Henson, Appellants, v. JAMES M. BARKER CO., INC. and Seaboard Surety Co., Appellees.

District Court of Appeal of Florida, First District.

January 12, 1990.

Attorney(s) appearing for the Case

William G. Cooper of Coker, Myers & Schickel, P.A., Jacksonville, for appellants.

Thomas B. Whitefield of Ulmer, Murchison, Ashby & Taylor, P.A., Jacksonville, for appellee James M. Barker Co., Inc.

Dale K. Bohner of VanWert, Heebner, Baggett, Bohner and Prechtl, Daytona Beach, for appellee Seaboard Surety Co.

ZEHMER, Judge.

We review an order dismissing the Hensons' amended complaint with prejudice. The amended complaint alleges that appellee contractor James M. Barker Company, Inc., fraudulently induced the appellant owners, the Hensons, to release Barker from further liability on its construction contract with the Hensons. The complaint seeks alternative remedies of rescission and damages resulting from Barker's alleged fraud and breach of the construction contract....

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