Bleckley (plaintiff) entered into an agreement to purchase real property from Langston (defendant). Bleckley made a $10,000 down payment and Langston continued to occupy the property pending full payment of the contract price. Prior to the deadline for full payment, an ice storm damaged pecan trees on the property. The damage reduced the value of the property by $32,000. After the storm, Bleckley informed Langston that he would not go through with the contract and demanded a refund of his down payment. Langston refused to return the down payment and demanded that Bleckley fulfill the contract. Bleckley filed suit seeking rescission of the contract. Langston counterclaimed for damages of $32,000 resulting from Bleckley’s breach of the contract. The trial court granted summary judgment in favor of Bleckley and ordered the contract rescinded. Langston appealed.