Warner v. Harris Miami Beach, Inc.

The instant action was instituted in the trial court, seeking cancellation and rescission of a contract for the sale of an apartment building. There were certain cross-claims and counterclaims relative to brokerage fees and other matters. The trial judge, after extensive proceedings and final hearing, made the following finding:

“The basis for Plaintiff’s claim for rescission is that representations made by the seller as to the minimum income and maximum expenses, for the apartment house involved, were not borne out by its books and records as represented in the contract. This Court finds that…