CONNER AIR LINES, INC., ET AL.

v.

AVIATION CREDIT CORP. ET AL.

Citator

Cited By (24 total)

• VIC Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980)
  …a that court, confronted with a similar contention, resolved it by concluding that it was incumbent upon the plaintiff to sue for rescission or cancellation, citing Lummus Co. v. Commonwealth Oil Refining Co., 280 F. 2d 915 (1st Cir.), cert. denied, 364 U.S. 911, 81 S.Ct. 274, 5 L.Ed.2d 225 (1960) for the following proposition: Of course a contract which has been fraudulently induced is not void but merely voidable, and the injured party need not avoid the contract, but may elect to affirm and seek damages…
• Gen. Cap. Corp. v. TEL Serv. Co., Inc., 212 So. 2d 369 (Fla. 2d DCA 1968)
  …d 257 (Fla.1963); Gordon v. West Florida Enterprises of Pensacola, Inc., 177 So. 2d 859 (1st D.C.A.1965). The same approach has been taken by this Court in Conner Air Lines, Inc. v. Aviation Credit Corporation, 5 Cir. 1960, 280 F. 2d 895, cert. den. 364 U.S. 911, 81 S.Ct. 274, 5 L.Ed.2d 225. After its critical analysis of Amen-dola, AAC implies that there is no other Florida authority allowing a court to pierce the form of a transaction to examine its substance. The preceding authorities amply dispose of s…
• Borck v. Holewinski, 459 So. 2d 405 (Fla. 4th DCA 1984)
  …mainder of the contract or, indeed, as a separate and distinct agreement ab initio. The authorities are collected in a scholarly opinion by Circuit Judge Aldrich in Lummus Co. v. Commonwealth Oil Refining Co., 280 F. 2d 915 (1st Cir.), cert. denied, 364 U.S. 911, 5 L.Ed.2d 225, 81 S.Ct. 274 (1960). For our part we choose the path of simplicity and endorse the holding and rationale adopted by our sister court in R.B.F. Management Co. v. Sunshine Towers Apartment Residences Ass’n, 352 So. 2d 561 (Fla. 2d DCA…