WORCESTER HERITAGE SOCIETY, INC. V. TRUSSELL
577 N.E.2d 1009 (1991)
NATURE OF THE CASE: This was a dispute over restoration of a historic house. Worcester
(P) sought review of a judgment denying its request for recission of a contract conveying a
historic house to Trussell (D) with an understanding that D would undertake historic
preservation and restoration work on the house.
FACTS: Worcester (P) sold a house to Trussell (D) for $20,100 with the agreement by D
that he would abide by historic preservation restrictions and do a complete historic
restoration of the home. The exterior portion was to be completed within one year and if D
failed to meet that deadline, P, at its option, had the right to complete the exterior
restoration at D's cost. D eventually lost his job and the work on the home proceeded at a
slow pace. P sued for rescission in 1986 but agreed to delay and the trial was eventually
held in 1989. P contended that the restoration of the exterior was still not completed. D
had done no restoration of the interior but painted a picture that there was slow,
meticulous, steady progress that was hampered by a shortage of funds because D was out of
work. The judge found the exterior to be 65-75% complete and refused rescission, the only
remedy asked for in the complaint.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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