COUSINEAU v. WALKER 613 P.2d 608 (Alaska 1980) CASE BRIEF

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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