Worcester Heritage Society, Inc. v. Trussell
Court of Appeals of Massachusetts
577 N.E.2d 1009 (Mass.App.Ct. 1991)
In 1984, the Worcester Heritage Society (Society) (plaintiff) conveyed a vacant, rundown house to Trussell (defendant) for $20,100 and a promise from Trussell to do a complete historic restoration. The exterior restoration was to be completed in one year. If it was not, the Society had the option of hiring its own workers to complete the exterior restoration at Trussell’s expense. Trussell worked diligently on the exterior of the house, but about a year and a half after the conveyance, Trussell lost his job. Consequently, for financial reasons, the already somewhat slow progress of the exterior renovation slowed even further. In 1989, the Society sued for rescission of the contract. The trial court found that the exterior renovation was 65-75 percent complete and denied the Society’s request for rescission, opining instead that it should hire its own workers as contemplated in the contract. The Society appealed.
Rule of Law
Holding and Reasoning (Armstrong, J.)
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