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Vokes v. Arthur Murray, Inc.

District Court of Appeal of Florida, Second District
212 So.2d 906 (1968)


Facts

Audrey E. Vokes (Vokes) (plaintiff) was induced by an attractive promotional offer and by compliments about her dancing made by J.P. Davenport (Davenport), owner of an Arthur Murray franchise (Arthur Murray) (defendants), to enter into an initial contract for one month's worth of dance lessons for $14.50. Over the next sixteen months, Vokes was sold fourteen additional dance courses at Arthur Murray totaling $31,090.45. Vokes commenced an action against the defendants alleging that they had fraudulently induced her to purchase additional hours of dance lessons through a scheme of false representations as to her prowess and rapid progress as a dancer. The defendants contended that their statements to Vokes were merely opinions or "puffing" permitted by the trade and were not misrepresentations of fact. The trial court dismissed the complaint on the ground that it failed to state a cause of action. Vokes appealed that decision.

Rule of Law

Issue

Holding and Reasoning (Pierce, J.)

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