BLISS AND LAUGHLIN INDUSTRIES, INC., APPELLANT,
v.
WILLIAM LEE MALLEY AND MARY ANN MALLEY, AND REALTEK REAL ESTATE, INC., A CORPORATION, APPELLEES; REALTEK REAL ESTATE, INC., APPELLANT, V. BLISS AND LAUGHLIN INDUSTRIES, INC., WILLIAM LEE MALLEY AND MARY ANN MALLEY, APPELLEES; TEQUESTA PROPERTIES, INC., APPELLANT, V. WILLIAM LEE MALLEY AND MARY ANN MALLEY, BLISS AND LAUGHLIN INDUSTRIES, INC., AND REALTEK REAL ESTATE, INC., A CORPORATION, APPELLEES
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The court held that the trial court erred in allowing plaintiffs to simultaneously pursue rescission of contracts and damages for negligent misrepresentation, as these are inconsistent remedies.
Plaintiffs were granted rescission of land sale contracts and awarded damages for negligent misrepresentation. The defendants appealed.…
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[*66] CROSS, Judge.
These consolidated appeals are brought to review a final judgment entered in favor of the plaintiffs, William L. Malley and Mary Ann Malley, his wife, granting rescission of certain contracts for sale of land as well as awarding damages for negligent misrepresentation. We reverse.
Numerous points have been raised by these consolidated appeals, only one of which has merit, i. e., the trial court refusing to compel the plaintiffs to elect between inconsistent remedies.
The doctrine of election of remedies prevents a party from availing himself simultaneously of inconsistent remedies. Klondike, Inc. v. Blair, 211 So. 2d 41 (Fla. 4th DCA 1968). Generally, if a party is injured by the purchase of land because of the fraudulent misrepresentations of the vendor or his agents, the vendee may seek redress through rescission of the conveyance in equity or by the recovery of damages in an action at law. Weeke v. Reeve, 65 Fla. 374, 61 So. 749 (1913). The remedies of rescission and damages are co-existent and inconsistent since the former is predicated upon a disavowal of the contract of sale while the latter is based upon its af-firmance. Deemer v. Hallett-Pontiac, Inc., 288 So. 2d 526 (Fla.3d DCA 1974). See also Hauser v. Van Zile, 269 So. 2d 396 (Fla. 4th DCA 1972). Thus, the trial court erred in entering final judgment granting both rescission of the contracts of sale as well as awarding damages for negligent misrepresentation.
Accordingly, the final judgment is reversed and the cause remanded for further proceedings consistent with the views herein expressed.
Reversed and remanded.
MOORE, J., and PAUL, MAURICE M., Associate Judge, concur.
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Van Der Noord v. Katz, 481 So. 2d 1228 (Fla. 5th DCA 1985)…by cross-appeal; and (2) “benefit of the bargain” damages are not available to a party (Katz) who repudiates rather than affirms a contract because of the doctrine relating to election of remedies. See Bliss and Laughlin Industries, Inc. v. Malley, 364 So. 2d 65 (Fla. 4th DCA 1978). With regard to any out-of-pocket expenses caused by the sellers’ breach, the buyer’s evidence of accountant and attorney expenses presented at the first trial was based solely on speculation. Having failed to introduce competen…
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Sec. & Inv. Corp. of the Palm Beaches v. Droege, 529 So. 2d 799 (Fla. 4th DCA 1988)…; Villeneuve v. Atlas Yacht Sales, Inc., 483 So. 2d 67 (Fla. 4th DCA 1986), approved, 505 So. 2d 1331 (Fla.1987); American Process Co. v. Florida White Pressed Brick Co., 56 Fla. 116, 47 So. 942 (1908); Bliss and Laughlin Industries, Inc. v. Malley, 364 So. 2d 65 (Fla. 4th DCA 1978). However, if the remedies are concurrent or cumulative, and logically can coexist on the same facts, the doctrine of election does not apply until the injured party has received full satisfaction for his injuries. 25 Am.Jur.2d El…
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BAC Home Loans Servicing, Inc. v. de Headley, 130 So. 3d 703 (Fla. 3d DCA 2013)…onetary damages (offset of course by their failure to pay on their note since 2008 despite reaping the advantages associated with their possession of the property throughout their default), or rescission. See Bliss & Laughlin Indus., Inc. v. Malley, 364 So. 2d 65, 66 (Fla. 4th DCA 1978). Lastly, we briefly address the Headleys’ argument that despite their failure to specifically request the relief granted by the trial court in their counterclaims, by asserting “unclean hands” as an affirmative defense they…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Klondike, Inc. v. Blair, 211 So. 2d 41 (Fla. 4th DCA 1968)
- Weeke v. Reeve, 65 Fla. 374 (Fla. 1913)
- Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla. 3d DCA 1974)
- Carleton E. Hauser and Betty Jo Hauser v. van Zile, 269 So. 2d 396 (Fla. 4th DCA 1972)