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though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discove
ng or seeks a benefit or performance under that agreement, that party is thereafter foreclosed from seeking rescission of the agreement. See, e.g., Abbadessa v. Moore Business Forms, Inc., 987 F.2d 18, 23-24 (1st Cir. 1993) (holding that voidable contacts could not be rescinded where parties seeking rescission on basis of duress trea
though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discove
ng or seeks a benefit or performance under that agreement, that party is thereafter foreclosed from seeking rescission of the agreement. See, e.g., Abbadessa v. Moore Business Forms, Inc., 987 F.2d 18, 23-24 (1st Cir. 1993) (holding that voidable contacts could not be rescinded where parties seeking rescission on basis of duress trea
though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amid, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discover
ng or seeks a benefit or performance under that agreement, that party is thereafter foreclosed from seeking rescission of the agreement. See, e.g., Abbadessa v. Moore Business Forms, Inc., 987 F.2d 18, 23-24 (1st Cir. 1993) (holding that voidable contacts could not be rescinded where parties seeking rescission on basis of duress trea
though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract."') (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission has discove
ng or seeks a benefit or performance under that agreement, that party is thereafter foreclosed from seeking rescission of the agreement. See, e.g., Abbadessa v. Moore Business Forms, Inc., 987 F.2d 18, 23-24 (1st Cir. 1993) (holding that voidable contacts could not be rescinded where parties seeking rescission on basis of duress trea
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