Smith v. American Motor Inns of Florida, Inc.

RONEY, Circuit Judge:

Both parties to what was substantially an accounting action resulting from a rescinded contract for the sale of a Fort Lauderdale motel appeal certain items in the accounting. We affirm the district court’s accounting in all respects except for failure to charge the purported purchaser for use and occupancy of the motel while he operated it for his own account. Differing with the district court as to the Florida law on this point, we hold a seller to be entitled to credit for the possessory value of a motel property against a purchaser in possession in an accounting…