Vokes v. Murray
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| Vokes v. Murray | |
| Court | Florida District Courts of Appeal |
|---|---|
| Citation | 212 So. 2d 906 |
| Date decided | July 31, 1968 |
Facts
- Arthur Murray, Inc. = "Murray" = defendant = a company with franchises that specialized in teaching dancing
- Ms. Vokes = "Vokes" = plaintiff = A lonely 51-year-old widow bought more dancing lessons that she could completed in a lifetime. She had been really taken by the effusive praise of her dance teachers.
- Vokes was swindled out of money by a dance studio promising her that she was an extraordinary dancer.
- Vokes eventually came to her senses.
Procedural History
- Vokes sued Murray in a Florida state court.
- Vokes claimed the dance studio had made false representations.
- Vokes sought rescission of the contract & a refund.
- Murray answered that its business had only engaged in trade puffing.
- Judgment for the dance studio.
Issues
If a party has superior knowledge of a matter, can that party's statement of opinion be taken as a statement of fact sufficient to find a mis-representation?
---
Whether the opinions of the dance company could be seen as misrepresentations which the widow relied upon to her detriment.Holding
Judgment for the widow.
Yes. A statement by a party with superior knowledge may be regarded as a statement of fact sufficient to find mis-representation.Judgment
Reversed
Rule
A statement of a party having superior knowledge may be regarded as a statement of fact although it would be considered as opinion if the parties were dealing on equal terms.
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