Hamlet v. Mr. Zippy, Inc.

Banke, Judge.

The appellants sued to recover for the alleged breach of a franchise agreement, contending that the appellee-franchisor failed to honor its obligation to establish a franchise organization and to provide training, advertising, consulting, and other services called for in the agreement. Asserting that this resulted in a failure of consideration, the appellants prayed for the inconsistent remedies of damages and rescission. The appellee counterclaimed to collect damages for the appellants’ alleged failure to make payments due under the agreement. In addition to a money judgment,…