Contracts Keyed to Murphy
Lenawee County Board of Health v. Messerly
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
The court allowed an injunction in favor of the BOH, which disallowed human habitation of the property until it was brought into conformance with the sanitation code. Thereafter, the Appellants filed a cross-claim against Appellees, seeking foreclosure based on non-payment and Appellees alternatively prayed for rescission, based on mutual mistake. The trial judge found that Appellees had no cause of action because there had been no fraud or misrepresentation and that the property was purchased “as is”, after inspection, and allowed foreclosure and judgment against Appellees. The court of appeals reversed the no cause of action, based on mutual mistake claim and the Appellants appealed.
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