Lenawee County Board of Health v. Messerly
Lenawee County Board of Health v. Messerly, 331 N.W.2d 203 (1982) is a US contract law case decided by the Supreme Court of Michigan. It used a risk of loss analysis to justify the denial of rescission as a contract remedy despite the presence of mutual mistake.[1]
Facts
The Pickles bought a 600-square-foot (56 m2) three unit dwelling for use as a rental property from the Messerly's, only to discover that an illegal septic system had contaminated the ground. Pickles sought rescission and Messerly sought a deficiency judgment.
Judgment
The Supreme Court of Michigan backed away from the precedent of Sherwood v. Walker in favor of the Restatement (Second) of Contracts, and relied on an "as is" clause in the land contract to deny rescission.[2]
gollark: Actually, Arrow's theorem makes this bad.
gollark: It would be very funny if the US government immediately stopped enforcing regulations, but it probably won't actually happen.
gollark: They are referring to the things "Billy Mays" sent, I think.
gollark: Yes, the US finds it more expedient to just ignore parts of it.
gollark: This is silly. A good political system should be able to multitask.
See also
- US contract law
Notes
- Ayres, I. & Speidel, R.E. Studies in Contract Law, Seventh Edition. Foundation Press, New York, NY: 2008, p. 508
- Ayres, p. 508
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