126 So. 2d 750 | Fla. Dist. Ct. App. | 1961
Lead Opinion
In this appeal by the plaintiffs-appellants from a final decree of the Circuit Court for Franklin County dismissing their complaint, the record on appeal contains nothing but the amended complaint, the answer thereto, the final decree appealed from, and the notice of appeal. The decree recites that a hearing was held on the pleadings, the evidence of the parties, the briefs, and argument of counsel, and' then sets forth the findings of fact made by the court upon the evidence and the conclusion of law that the plaintiffs were not entitled to a rescission of the
Concurrence Opinion
(specially concurring).
By his final decree appealed in this case the chancellor set forth extensive findings of fact based upon the evidence adduced before him at the trial. It is the position of appellants that the facts as found by the chancellor and set forth in his decree entitle them to the relief prayed by their complaint, and that the court erred as a matter of law in denying that relief and dismissing the cause.
We have carefully reviewed the decree appealed and find that there is set forth therein certain findings of fact on which the evidence is not in conflict. We cannot agree with appellants that the uncontradict-ed facts entitle them to the relief sought by their complaint.
Following a pre-trial conference the chancellor entered an order setting forth the law applicable to the issues involved in the cause. It was there held that the plaintiffs must show that the defendants have made a false representation of a material matter which representation the purchaser had a right to rely on, and which representation the plaintiffs in fact did rely on to their detriment. It is an established principle in this state that in a suit seeking rescission of a contract to purchase property based upon fraud the fraudulent representations relied upon must be established by clear and convincing proof.
. Bell Corp. v. Bahama Bar & Restaurant, Fla.1954, 74 So.2d 292.