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Troxell v. Sandusky

Citations: 247 Ark. 898; 448 S.W.2d 28; 1969 Ark. LEXIS 1198Docket: 5-5073

Court: Supreme Court of Arkansas; December 22, 1969; Arkansas; State Supreme Court

Narrative Opinion Summary

In this case, the defendants appealed a chancery court decree nullifying their sale of lakeside property to the plaintiffs, who sought rescission of the contract due to alleged fraudulent misrepresentation about the land's stability. The plaintiffs contended that they were misled into believing that erosion issues were resolved, based on the placement of concrete slabs along the shore. Although the court found no fraud, it identified a mutual mistake concerning the stability of the property, warranting rescission of the contract. The court ordered the defendants to refund the plaintiffs' down payment and cancel the mortgage obligations, while also requiring the return of personal property from the plaintiffs. Additionally, the court recognized the defendants' claim for the property's fair rental value during the plaintiffs' occupancy, awarding $1,380 to be offset against previous payments. The decree was affirmed in part and reversed in part, with a dissenting opinion regarding the affirmance of the decision. The case underscores the importance of accurate disclosure of material facts in real estate transactions and the legal consequences of mutual mistakes in contract law.

Legal Issues Addressed

Entitlement to Rental Value

Application: The court erred in not awarding the Vendor the fair rental value of the property for the period of occupancy by the Plaintiffs.

Reasoning: The court found no error in the rescission decision but agreed with the Troxells regarding the rental value issue.

Obligation to Disclose Material Facts

Application: The Vendor was found not to have fraudulently misrepresented the stability of the property, but their failure to disclose the ongoing erosion issues constituted a material fact warranting rescission.

Reasoning: A failure to disclose ongoing erosion would imply knowledge of the property's deteriorating condition, which the Vendor did not admit to.

Refund of Purchase and Cancellation of Liabilities

Application: The court ordered the Vendor to refund the down payment and other amounts, cancel the mortgage, and required the Plaintiffs to return personal property.

Reasoning: The court ordered the Vendor to pay the Plaintiffs $1,250 for the down payment and return $727.98 held in court, canceling the deed of trust and associated liabilities.

Rescission of Contract Due to Mutual Mistake

Application: The court found a mutual mistake regarding the stability of the lakeshore, which allowed the rescission of the property sale contract between the parties.

Reasoning: The chancellor finding no fraud but recognizing a mutual mistake in the transaction.