Cummings v. Dusenbury

129 Ill.App.3d 338, 472 N.E.2d 575 (1984)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Cummings v. Dusenbury

Illinois Appellate Court
129 Ill.App.3d 338, 472 N.E.2d 575 (1984)

JL

Facts

Michael and Lori Cummings (plaintiffs) purchased a log home from Liph and Patricia Dusenbury (defendants) in 1982. The Dusenburys had built the log home in 1973 to 1974. The home had a log interior, and the walls were approximately two and a half inches thick. Prior to purchasing the home, the Cummings had their real estate agent ask the Dusenburys several questions, including whether the house was a year-round house. The agent took notes of the conversation and noted that the Dusenburys stated that the house was a year-round house. The Cummingses completed the purchase and moved into the home in August 1982. However, according to standards at the time the home was built, the log house was not suitable for living in full-time all year. After moving in, the Cummingses noted that the roof and windows leaked when it rained, and the walls dripped from condensation. The Cummingses sued the Dusenburys, alleging fraud and breach of the implied warranty of habitability. After a bench trial, the court ruled that the Cummingses were entitled to a rescission of the contract and damages, after subtracting an amount for rent for the period of time the Cummingses lived in the home. The Dusenburys appealed.

Rule of Law

Issue

Holding and Reasoning (Hopf, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership