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Gordon v. Tafe
New Hampshire Supreme Court
428 A.2d 892 (1981)
- Written by Sean Carroll, JD
Facts
The plaintiffs bought a house from the defendants. Soon after the plaintiffs moved in, they discovered that the house was infested by termites. The plaintiffs brought suit seeking rescission of the contract. The defendants argued that rescission was not appropriate, because they could not be placed in their original position since they bought a new house after the sale. The trial court found that the termite infestation was a mutual mistake in the contract and granted the plaintiffs’ petition for rescission. The defendants appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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