Reseña de Simon Srybnik v. Ice Tower

Simon Srybnik v. Ice Tower de Third District. District Court of Appeal of Florida Resumen del Libro

Per Curiam. This was originally an equitable action for rescission, accounting and other relief, in connection with fraud and misrepresentation involved in a contract for the sale of 20 vending machines. The initial hearing of this case resulted in a judgment of $108,500.00 against the defendant, Srybnik. The plaintiff-purchaser had also recovered $17,500.00 from Seaboard Airline Railway on a claim for damage in shipment of the machines. That judgment was reversed by this court for failure to apply the correct rule of damages, and remanded to ""redetermine the damages."" See: Srybnik v. Ice Tower, Inc., Fla.App.1964, 162 So.2d 294. The cause was reheard on the issue of damages, and the chancellor entered judgment against the defendant, Srybnik, for $63,500.00 and, in addition, $14,382.75 for pre-judgment interest. The defendant filed a timely petition for rehearing on March 5, 1965. On March 8, 1965, after time for filing had expired, the plaintiff filed a petition for rehearing. The defendant moved to strike the plaintiff's petition and the plaintiff moved for an enlargement of the period within which it might file its petition. The chancellor denied the motion to strike and granted the plaintiff's motion for enlargement. On rehearing, the chancellor increased the damages assessed against the defendant by the amount of $21,166.67. The interest was increased by $4,784.25. Additionally, the chancellor ruled that the defendant was not entitled to a credit or set-off for the sum of $17,500.00 paid to the plaintiff by Seaboard Airline Railway for damages to the vending machines in transit.

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