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Contracts Keyed to Templin
Lenawee County Board of Health v. Messerly
Citation:
417 Mich. 17 (1982)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
William and Martha Messerly (defendants) bought land in 1971, but were unaware that the previous owner had installed a septic tank without a permit and in violation of the health code. In 1973, the defendants sold a portion of the land, containing an apartment complex, to James Barnes. Barnes later transferred his interest in the property back to the defendants. In 1977, Carl and Nancy Pickles (plaintiffs) bought the property from the defendants. A few days after the contract had been finalized, but before payment was made, plaintiffs discovered raw sewage on the property. The Lenawee County Board of Health condemned the property for violation of the health code, suing both the plaintiffs and the defendants and enjoining the use of the land. The defendants filed a cross-complaint against the plaintiffs for failure to make payment on the contract, and the plaintiffs filed a counterclaim against the defendants and Barnes for failure of consideration and willful concealment and misrepresentation, and asked that the contract be rescinded.
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