Homelite, a Division of Textron, Inc., a Rhode Island Corporation v. Trywilk Realty Company, Inc., a North Carolina Corporation

BOREMAN, Circuit Judge.

This was an action instituted by a lessee (Homelite) to rescind, cancel and declare void a lease agreement on the grounds of false and fraudulent representation and to recover special damages incurred by it in preparing the leased premises for lessee’s intended uses and purposes. The defendant lessor (Trywilk) counterclaimed for rent due under the lease agreement. The case was heard by the court without a jury and the court concluded that Homelite was not entitled to rescind the lease contract, denied Homelite’s claim for damages and awarded Trywilk the sum of $5,950.00…