Dutch Inns of America, Inc. v. Horizon Corporation

HOWARD, Judge.

This is an appeal from a summary judgment in favor of the plaintiff, Horizon Corporation, for $12,000, the sum paid to the defendant, Dutch Inns of America, Inc., as consideration for entering into a lease and license agreement.

The pertinent facts are as follows. Horizon, a Delaware corporation licensed to do business in the State of Arizona, made an application for License and Leaseback (franchise) to Dutch Inns of America, Inc., a Florida corporation, on January 15, 1969. The application and a check in the amount of $12,500 were delivered to Dutch Inns in accordance with the…