Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Lenawee County Board of Health v. Messerly

Supreme Court of Michigan
417 Mich. 17, 331 N.W.2d 203 (1982)



The Messerlys (defendants) purchased a tract of land on which an apartment building was located. Prior to the transfer the owner had installed a septic tank on the property without a permit and in violation of the health code. Later the Messerlys sold the property to the Pickleses (plaintiffs). The contract for sale stated that “Purchaser has examined this property and agrees to accept same in its present condition. There are no other or additional written or oral understandings.” The Pickleses later discovered raw sewage seeping from the land and the Lenawee County Board of Health condemned the property for violation of the health code. The Pickleses alleged failure of consideration and willful concealment and failure to disclose the sanitation condition and asked that the land contract be rescinded. The trial court found there was no fraud or misrepresentation, as none of the parties knew of the transgression of the earlier owner, and the property was purchased “as is” after inspection. The trial court ruled that the Pickleses lacked a cause of action and foreclosure was ordered along with a judgment in the amount of $25, 943. The court of appeals affirmed in part but reversed on the finding of no cause of action. Certiorari was granted.

Rule of Law


Holding and Reasoning (Ryan, 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 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial