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Contracts Keyed to Dawson
Worcester Heritage Society v. Trussell
Facts
The Society required Trussell to demonstrate that he was financially able to do the restoration, prior to entering the contract. However, Trussell later lost his job and the restoration slowed. The contract (signed in 1984) required the exterior to be completely restored in one year, failing which the Society could hire someone to do it at Trussell’s expense. The contract did not provide a deadline for the interior restoration to be complete. When the trial took place in 1989, the exterior restoration was not complete, and the interior work was not started. The work needed was an estimated $100,000 more than contemplated when the contract was signed. The Society sought rescission of the contract. The judge found the exterior work to be 65-75% complete, denied rescission and suggested that the Society could employ the remedy set forth in the contract, if dissatisfied.
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