E.B. Sherman, Inc. v. Mirizio

Cross-appellants Mirizio and Smith challenge the trial court’s order denying rescission of a contract. We reverse.

*1144Having found the underlying contract upon which this action was based to be incapable of sustaining cross-appellee Sherman’s claim for damages for breach of contract, the trial judge erred in failing to determine disposition of the $50,850 Mirizio and Smith paid Sherman under the contract before they notified him of their intent to rescind.

The crux of the parties’ agreement involved Sherman’s selling his rights to be the Florida sales representative of certain lighting fixture…