· 4/21/1981
Rolf's Marina, Inc. v. Rescue Service & Repair, Inc.
Citations
- 398 So. 2d 842
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the trial court properly required plaintiff to elect either rescission or damages prior to trial on a breach of contract claim, but the first trial for rescission does not bar a second trial for damages
- concluding that the trial court properly required plaintiff to elect either rescission or damages prior to trial on a breach of contract claim, but the first trial for rescission does not bar a second trial for damages
- stating if the remedy sought in the first instance does not exist at the time it is sought, then there is no election of remedies
- election of remedies may be required prior to trial
Source: CourtListener parenthetical corpus (CC0).
Judges: Hendry, Nesbitt and Ferguson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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