Similar Sherwood v Walker, Kirksey v Kirksey, Wood v Lucy - Lady Duff‑Gordon, Hamer v Sidway, Lucy v Zehmer | ||
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 recission as a contract remedy despite the presence of mutual mistake.
Contents
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 recission 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 recission.
References
Lenawee County Board of Health v. Messerly Wikipedia(Text) CC BY-SA