Hammer v. Landmark Merchant Solutions
Plaintiff Steven Hammer appeals from a judgment entered in favor of defendant Landmark Merchant Solutions (Landmark) following a bench trial. In January 2004, the parties mutually rescinded a service contract. Two months later, Landmark mistakenly referred Hammers account to a collection agency. Hammer filed a complaint which contained causes of action for rescission and fraud against Landmark. Even though Landmark corrected the error within one week after Hammer was notified his account had been referred to collections, Hammer served Landmark with the complaint and sought a Judgment of Rescission against Landmark. The trial court found there was no evidence Landmark engaged in fraud, and rejected Hammers claim for rescission on the ground [t]here is nothing left to rescind.
Hammers sole argument on appeal is that the trial court erred by failing to enter a judgment of rescission in his favor. Court affirm.
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