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Contracts Keyed to Summers
Lenawee County Board of Health v. Messerly
Citation:417 Mich. 17, 331 N.W.2d 203
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
William & Martha Messerly (collectively “the Messerlys”) (defendants) owned a tract of land, atop which was an apartment building. Although they lacked a permit to do so, the Messerlys installed a septic tank on the property in violation of the local health code. The Messerlys used the apartment building as an income investment property until they sold the property to James Barnes. With the Messerlys’ permission, Barnes sold one acre of the property to Carl & Nancy Pickles (collectively “the Pickles”) (plaintiffs). Barnes eventually defaulted on his land contract and conveyed his portion of the property back to the Messerlys. The Messerlys sold the rest of the property to the Pickles. The Pickles’ contract contained a clause that stated: “Purchaser has examined this property and agrees to accept same in its present condition” (hereinafter “as is” clause). One day, the Pickles discovered raw sewage seeping out of the ground. The Lenawee County Board of Health condemned the property. The Pickles sought a rescission of the land contract.
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