DeFabio v. Mackey

SMITH, Presiding Judge.

Defendants appeal from a judgment in a court tried case in favor of plaintiffs in the total amount of $125,0001 plus interest from April 21, 1967. Plaintiffs sought this recovery upon a theory of rescission based upon misrepresentations made to them by defendants prior to and during a purchase of approximately 527,000 acres of Brazilian land known as “Anta.” We are considerably helped by an extensive and thorough opinion of the trial court and excellent briefs by both sides.

We review this matter de novo, giving deference to the opportunity of the trial court to judge…