Vokes v. Arthur Murray, Inc.
District Court of Appeal of Florida, Second District
212 So.2d 906 (Fla. Dist. Ct. App. 1968)
A statement of opinion may be actionable as a misrepresentation where the party stating such an opinion possesses superior knowledge of the truth or falsity of the statement.
Relevant Facts
Audrey Vokes (the plaintiff) was induced by an attractive promotional offer and by compliments about her dancing made by J.P. Davenport, owner of an Arthur Murray franchise (the defendants), to enter into an initial contract for one month's worth of dance lessons for $14.50. Over the next year or so, the plaintiff was sold an additional fourteen dance courses totaling $31,090.45. The plaintiff sued, alleging that the defendants fraudulently induced her to purchase additional hours of dance lessons through a scheme of false representations as to her dancing prowess and rapid progress as a dancer. The defendants contended that their statements to the plaintiff were merely opinions or "puffing", which was permitted by the trade and were not misrepresentations of fact. The trial court dismissed the complaint on the ground that the plaintiff failed to state a cause of action. The plaintiff appeals.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 12, 2020
Judicial Opinion
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Procedural History
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Citations
212 So.2d 906 (Fla. Dist. Ct. App. 1968)