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Cousineau v. Walker

Alaska Supreme Court
613 P.2d 608 (1980)


Facts

Devon Walker (defendant) sought to sell his property. In one advertisement, Walker stated that the property contained over one million cubic yards of gravel with 580 feet of highway frontage. In a subsequent advertisement, Walker stated that the property contained a minimum of 80,000 cubic yards of gravel. Walker had the property appraised, but told the appraiser not to include the value of the gravel. As a result, the appraisal simply stated that the property had a good gravel base. Wayne Cousineau (plaintiff) sought to purchase the property specifically for commercial extraction of the gravel. After the contract was executed, Cousineau began extracting the gravel and was told by a neighbor that Cousineau was on the neighbor’s property. Cousineau learned that the property only had 415 feet of highway frontage and 6,000 cubic yards of gravel. Cousineau sued Walker for rescission of the contract because of the misrepresentations. Walker argued that Cousineau was a businessman and should have discovered the discrepancies. The trial court held for Walker. 

Rule of Law

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Holding and Reasoning (Boochever, J.)

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