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501 F.2d 902·
10th Cir.·
1974-07-30
·cited 26×
A unilateral mistake by an insurance agent in calculating a premium rate, even if resulting in a significantly lower rate, does not warrant rescission of the policy when the insureds did not know of the mistake and the insurer cannot be restored to the status quo.
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244 So. 2d 154·
Fla. 2d DCA·
1971-02-10
·cited 21×
Plaintiffs filed suit seeking rescission of a real property deed based on alleged fraud by a broker-defendant and obtained a lis pendens. The trial court required plaintiffs to post a $199,500 indemnity bond as a condition for maintaining the lis pendens. The appellate court reve
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185 So. 2d 710·
Fla. 2d DCA·
1966-04-20
·cited 18×
The Tonkovichs purchased citrus grove land in Florida from South Florida Citrus Industries based on oral representations that the land had planted trees, but discovered the land lacked trees and the location differed from what was shown to them. The court reversed summary judgmen
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158 So. 2d 780·
Fla. 2d DCA·
1963-12-18
·cited 18×
McDonald purchased a contract for 25,000 boxes of Valencia oranges from fruit dealers Connell and Davis, with the understanding that a list of specific groves would be provided and made part of the contract. When the defendants failed to deliver fruit from the listed groves and s
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617 F.2d 460·
7th Cir.·
1980-03-12
·cited 14×
The court held that the plaintiff's election of a legal remedy for past damages barred further equitable relief for the same period, but did not preclude the return of patent rights for future benefits.
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375 So. 2d 576·
Fla. 5th DCA·
1979-08-08
·cited 14×
Heirs of a deceased woman challenged a trial court judgment voiding a conveyance of real property based on the grantor's mental incapacity and forgery. The appellate court affirmed the finding of incompetency and forgery but reversed the finding that the appellant procured the fo
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984 F.2d 1571·
10th Cir.·
1993-02-09
·cited 11×
The court held that the D'Oench doctrine and FIRREA's statutory counterpart, 12 U.S.C. § 1823(e), bar Castleglen's claims against the RTC, whether characterized as contract defenses or affirmative tort claims, because the alleged misrepresentations constituted fraud in the induce
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739 So. 2d 138·
Fla. 5th DCA·
1999-07-16
·cited 10×
Milan Davich purchased a new 1991 Nissan Sentra with acid rain damage to its paint that went undetected until after purchase. The trial court granted summary judgment dismissing his claims for rescission, FDUTPA violations, and fraud. The appellate court vacated the summary judgm
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325 So. 2d 410·
Fla. 3d DCA·
1976-01-13
·cited 10×
A contract for stock purchase is subject to rescission when the method for determining the purchase price is incapable of performance, making the price-determination provision a dependent covenant whose impossibility defeats the contract.
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585 So. 2d 949·
Fla. 4th DCA·
1991-03-27
·cited 9×
Jackson won a dog track jackpot after matching six race winners based on an advertisement stating the Pic-6 jackpot would be $825,000, but the track only paid $25,000, claiming the advertisement was a mistake. The appellate court reversed the jury verdict, holding that an adverti
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877 F.2d 1524·
11th Cir.·
1989-07-25
·cited 9×
The court held that the district court erred by submitting the issue of contract integration to the jury, rather than making a preliminary determination as required by the parol evidence rule.
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547 F.2d 63·
8th Cir.·
1976-12-28
·cited 4×
The court held that sellers' negligence in failing to read an unambiguous contract, despite assurances about its meaning, barred their claim for rescission under Iowa law.
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899 F.2d 584·
7th Cir.·
1990-03-29
·cited 2×
The court held that while Siebengartner did not commit fraud, he breached his fiduciary duty to TMF by converting corporate funds and failing to timely disburse loan proceeds, entitling TMF to damages.
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247 F.2d 405·
2d Cir.·
1957-08-08
·cited 2×
The court held that the plaintiff failed to prove actual fraud because the jury reasonably found the defendant's officer believed his misrepresentation about legal payment limits to be true, and the constructive fraud claim was time-barred.
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Del. Ch.·
2025-03-28
The Court of Chancery denied in part and granted in part the defendants' motion to dismiss. The court held that the plaintiffs stated a claim for violation of the City Charter regarding the City Manager's qualifications, finding the relevant charter language ambiguous and not sub
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Del. Ch.·
2023-08-17
The court held that the Decedent's transfer of the jointly owned 1937 Ford Coupe to his cousin constituted equitable fraud because the vehicle was held by the entireties, and the Decedent lacked the sole authority to transfer ownership without the Plaintiff's consent. The court r
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Del. Ch.·
2020-01-23
The court granted in part and denied in part the motion for judgment on the pleadings. The court granted judgment on Count VII, finding it to be a claim for wages subject to a one-year statute of limitations. The court denied the motion as to Count III, finding that the implied c
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9th Cir. Ct. App. Div.·
2014-05-02
Stanley Ellis petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles decision to suspend his driver's license after he allegedly refused to submit to a breath test following a DUI stop. The Ninth Judicial Circuit Court affirmed the suspension, findi
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89 So. 3d 283·
Fla. 1st DCA·
2012-05-23
Duggan, a sophisticated commercial real estate developer, purchased waterfront lots from Peacock Point in an auction conducted by Roebuck, with the contract stating the property was sold "as is." When Duggan discovered the lots lacked a certificate of completion necessary for bui
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Del. Super. Ct.·
2010-09-14
The appellate court affirmed in part and reversed in part the trial court's decision on the motion to dismiss. The court dismissed the claim for breach of express contract regarding the replacement of a sub-advisor, finding the alleged conduct was not prohibited by the specific c
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Del. Super. Ct.·
2009-05-29
The court granted the defendants' motion for leave to file an amended answer with affirmative defenses, finding that to deny it would constitute manifest injustice. The court also granted the defendants' motion for summary judgment, holding that all of the plaintiff's claims were
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Del. Ch.·
2006-08-14
The Court of Chancery should deny the motion to dismiss for failure to join indispensable parties, as the condominium association adequately represents the unit owners' interests in common elements. However, the Court should grant the motion to dismiss Counts II and III, which se
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Del. Ch.·
2002-11-01
The court held that the plaintiff failed to meet his burden of proof on all remaining claims, including claims for stock ownership and repayment of alleged loans. Oral contracts for the issuance of corporate stock are generally unenforceable in Delaware without board approval and
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Del. Ch.·
2001-05-31
The court granted the motion to amend the complaint to add claims for reformation and equitable rescission, finding that while equitable rescission might be futile in its purest form, rescissory damages could be available in equity. The court also granted the motion to transfer i
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861 F.2d 798·
4th Cir.·
1988-11-21
A buyer who accepts a statutory offer of rescission under the South Carolina Uniform Securities Act cannot subsequently sue for attorneys' fees incurred in obtaining that rescission, as the offer provision is intended to conclude all disputes.
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S.D. Fla.·
1926-11-15
District court denied defendant's motions to dismiss, finding that an infant's prompt disavowal of a land purchase contract after reaching majority states a valid equitable claim for rescission that cannot be adequately remedied at law.