Phillips v. Smeekens

Plaintiffs prevailed below in their claim for damages for breach of a contract for the sale of a business and breach of the lease of the business premises. Defendants assert that the trial court erred in finding that there was an actionable breach, in rejecting certain claimed affirmative defenses, and in denying their counterclaim for recission or reaffirmation of the contract because of alleged fraudulent misrepresentations by the vendor-plaintiffs.

Neither of the defendants were novices in the furniture business. To the contrary, both were experienced businessmen. In 1966, Smeekens was the…