LAWS 4175 Lecture Notes - Lecture 37: Habituation, Deficiency Judgment, Equitable Remedy

• School: University of Denver
• Department: Law
• Course: LAWS 4175
• Professor: Celia Taylor

Document Summary

Case: lenawee county board of health v. messerly. Messerly: a mutual mistake between the messerlys and the pickleses went to a basic element of the contract and the parties intended to transfer income- producing rental property. In actuality, the vendees paid ,000 for an asset without value: messerly"s now appeal. Messerly as the land contract vendors and the pickleses as vendees to obtain a permanent injunction proscribing human habitation of the premises until the property conformed with the health code. Rational (mistake of fact): first, was there a mistake of belief by one or both parties, 151- a contractual mistake is a belief that is not in accord with the facts. If so, what was the resulting legal significance: this fact must exist at the time the contract was made, the parties mistakenly believed that the property could be used to generate income. Rational (ultimate): all the parties to this contract erroneously assumed that the property transferred by the.