Legal Opinion
BMC Industries, Inc. v. Barth Industries, Inc.
District Court, S.D. Florida
Decided February 13, 1995No. 89-6443-CIVPublished
1Opinion of the Court
K. MICHAEL MOORE, District Judge?
Counterplaintiff Barth Industries, Inc. (“Barth”) alleges that, had it not been fraudulently induced into contracting to build a machine, it could have used the funds expended on the contract to pursue other, more gainful business opportunities. Counterdefendant BMC Industries, Inc. (“BMC”) moved to strike this claim, requiring the Court to decide whether Florida law permits recovery of lost opportunity income in these circumstances.
I. Factual Background
Barth has counterclaimed against BMC for fraudulent inducement to contract. In 1986, Barth contracted to…
2Cases cited6 opinions
- West Virginia v. United StatesSupreme Court of the United States · 1987
- Florida Farm Bureau Cas. Ins. Co. v. PattersonDistrict Court of Appeal of Florida · 1992
- Minpeco, S.A. v. HuntDistrict Court, S.D. New York · 1988
- Zucker v. SEARS ROEBUCK AND COMPANYDistrict Court of Appeal of Florida · 1991
- Chillemi v. RorabeckDistrict Court of Appeal of Florida · 1994
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