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Contracts Keyed to Whaley
Lenawee County Board of Health v. Messerly
Citation:
417 Mich. 17, 331 N.W.2d 203 (1982)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
In March 1977, Carl and Nancy Pickles purchased from William and Martha Messerly a 600-square-foot tract of land with a three-unit apartment building for $25,500. The land contract included an “as is” clause stating: “Purchaser has examined this property and agrees to accept same in its present condition. There are no other or additional written or oral understandings.” Shortly after closing, the Pickleses discovered raw sewage seeping from the ground. The Lenawee County Board of Health condemned the property and obtained a permanent injunction prohibiting human habitation until the defective sewage system was brought into compliance with county codes. The septic system had been installed without a permit by a previous owner, Mr. Bloom, before the Messerlys acquired the property in 1971. The property’s small size (600 square feet) made it impossible to remedy the sewage problem within the property boundaries. When the Pickleses stopped making payments, the Messerlys sought foreclosure, and the Pickleses counterclaimed for rescission based on failure of consideration.
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