Black v. J. N. Blair & Co.

PEEK, J.

This is an appeal by defendants from an adverse judgment in an action brought by plaintiffs to rescind a contract of sale of personal property, a lease of real property,

[525]

and to recover the detriment suffered by reason of the false and fraudulent representations made by defendants.

The record discloses that pursuant to a letter from plaintiffs seeking information pertaining to the ice cream business, the defendant Wilde, a salesman for the defendant corporation, replied in part as follows:

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This means that we put you in the Icecream Business . . .

We help you select the location you desire.

We either build or arrange the lease of the bldg.

We install the equipfment and open your store for you.

And arrange the financing for a low downpayment and very easy terms.

“All that is needed is for both of us to decide on a location, receive the nod of approval from you and we do the rest. When you step out of the service you will step into a going business and we stay with you until you are completely confident you are ready and able to conduct the business yourself.

[Following paragraph typed in red letters.]

“Special Note:

1. You are in business for yourself.

2. You pay no royalty or franchise.

3. Every dollar you take in is yours.

4. You buy your supplies from whomever you wish.

a. We suggest but these suggestions are not mandatory. “Profits: [The words “300 Net” also typed in red letters.]

For Every Dollar You Take in 300 Net Is Yours.