COUSINEAU V. WALKER
613 P.2d 608 (Alaska 1980)
NATURE OF THE CASE: This was an appeal from an action to rescind a contract for the sale
of land. Cousineau (P) buyers sought review of an order, which found for Walker (P),
sellers. P was not entitled to rescission of a land sale contract because of D's false
statements, P's did not rely on D's misrepresentations, the misrepresentations were not
material to the transaction, and the reliance by P was not justified.
FACTS: Walker (D) advertised his land for sale with the following description: 580 feet
of highway, over 80,000 cubic yards of gravel, and a certain road access. D had an appraisal
done that specifically excluded the valuation of the gravel but the report did say that the
ground was 'all good gravel base.' Cousineau (P) worked in the gravel business and offered
$360,000 to purchase the land with the specific provision that all the gravel rights be
transferred. P did not investigate the accuracy of D's representations. The final purchase
price was $385,000 and the sale was made. The land had only 6,000 cubic yards of gravel and
165 feet less road access than advertised. P stopped making payments on the land sale
contract after he had paid $99,000. From the facts, it appeared that D's misrepresentations
were innocent. P brought an action for rescission and restitution. The court found for D; P
did not rely on any misrepresentations. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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