ADCA Corp. v. Blumberg

RYDER, Judge.

ADCA Corporation appeals from the directed verdict adverse to its claim for rescission of contract. We reverse.

ADCA sued Blumberg in several counts, including rescission of a handwritten contract for return of $12,000.00 earnest money. Testimony at trial showed that ADCA’s agent negotiated purchase of a restaurant from Blumberg. A handwritten contract was signed by Blumberg, but ADCA entered into the contract in the name “Falcon Industries, Inc.,” a corporation that ADCA mistakenly thought was in existence. ADCA gave $5,000.00 to Blum-berg at the time of signing the contract, and…