CONTRACTS-BREACH OF IMPLIED WARRANTY THAT CONSTRUCTION BE USABLE FOR PURPOSE INTENDED

Authors

Abstract

Plaintiff and defendant entered into a contract by the terms of which defendant was to assign to plaintiff an equity in a land contract to purchase a lot. The plaintiff was to complete the payments and sell to the defendant on a land contract this same lot with a house and garage to be erected by the plaintiff, an experienced builder, according to plans and specifications to be drawn by the latter. The defendant was to be given credit for the amount he had previously paid on the lot, and the price was further reduced by the defendant doing the decorating and installing the light fixtures. After completion of house, garage, and driveway, it was discovered that the six-foot driveway between house and lot line was too narrow for all but small cars. The defendant refused to go into possession or make payments under the contract, and the plaintiff brought an action in equity to foreclose on the contract. The defendant, in a cross bill, asked for a money judgment to the extent of his actual investment. Held, that rescission of the contract be given with a lien on the property in favor of defendant to the extent of his former equity in the lot and the value of decorating and installing light fixtures. Younger v. Caroselli, 251 Mich. 533, 232 N.W. 378.

Recommended Citation

CONTRACTS-BREACH OF IMPLIED WARRANTY THAT CONSTRUCTION BE USABLE FOR PURPOSE INTENDED, 29 Mich. L. Rev. 509 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss4/17