Restitution - Recission - Measure of Restitution Required of Rescinding Vendee of Executed Land Contract

Authors

Donald W. Shaffer S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff vendee sought to rescind an executed contract for the sale of an inn, alleging fraud in the inducement. The lower court granted rescission and ordered repayment to the plaintiff of that part of the purchase price already paid over to defendant- vendor, less $2,500, which was found to be the fair or reasonable rental value for the period of the plaintiff's possession. Both parties appealed, defendant claiming a higher rental figure and plaintiff asserting that no rental should be allowed. Held, the plaintiff should be charged rent measured by the value of the benefits which accrued to him through the use of the premises. Beaudry v. Favreau, 99 N.H. 444, 114 A. (2d) 666 (1955).

Recommended Citation

Donald W. Shaffer S.Ed., Restitution - Recission - Measure of Restitution Required of Rescinding Vendee of Executed Land Contract, 54 Mich. L. Rev. 871 (1956).
Available at: https://repository.law.umich.edu/mlr/vol54/iss6/16