HILLCREA EXPORT & IMPORT CO., INC., BRISTOL-KING CO., INC., AND BACHRACK BROS., INC., PLAINTIFFS-APPELLANTS,
v.
UNIVERSAL INSURANCE COMPANY, DEFENDANT-APPELLEE

2d Cir. | 1954-04-29
Nos. 316, Docket 22732
212 F.2d 206 United States Court of Appeals for the Second Circuit (1954)

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Synopsis

The Third District Court of Appeal affirmed the trial court's order certifying a class action against a homebuilder for breach of contract and fraudulent misrepresentation concerning two-car garages, finding that common issues predominated.


Holding

The court affirmed the class certification, holding that common issues of fact and law predominated over individual issues, despite the presence of fraud claims, because the core of the dispute involved identical form contracts and representations.


Facts & Procedural History

Homeowners sued a homebuilder alleging breach of contract and fraudulent misrepresentation because their purchased homes' garages could not fit two ca…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

It is clear that the judgment cannot be reversed unless findings of fact, especially those appearing in the appellants’ appendix as Nos. 11 and 13, are set aside. These findings are supported by substantial evidence and the inferences drawn from the facts, being reasonable ones, are likewise supported. Consequently, no error has been shown.

Affirmed.


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