Miles v. MacKle Bros., Div. Deltona Corp.

The judgment appealed from dismissed the complaint against the defendants, and the order denied the plaintiffs’ motion for a new trial or, in the alternative, vacation of the judgment and amendment of the pleadings to state a cause of action for fraud and reformation of a deed. The issues on appeal are (1) whether the provisions of a purchase contract were merged in a subsequent deed and (2) whether the trial court abused its discretion in refusing to allow an amendment of the pleadings.

In February, 1967, plaintiffs, Gordon Miles and his wife Delores, participated in a trip to Florida…