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Walker and Cousineau were both in the gravel business. Walker placed an advertis

ID: 386662 • Letter: W

Question

Walker and Cousineau were both in the gravel business. Walker placed an advertisement for a tract of land, claiming that he had an engineer's re- port that indicated the land held at least 80,000 cu- bic yards of gravel. In fact, Walker knew the land contained much less gravel. Cousineau purchased the land and began to excavate it. After 6,000 cubic yards of gravel had been removed, the supply ran out. Cousineau sued Walker, asking the court to re- scind the contract. Did Cousineau win the case? Explain. Cousineau v. Walker, 613 P.2d 608 (AL),

Explanation / Answer

Yes, there was no good faith from Walker since he knew the yard held less gravel than he purported that it held to Cousineau to accept the offer. One gathering to a land contract accidentally distorted certain material actualities to another gathering whereupon that other gathering relied on."[A] buyer of land may depend on material portrayals made by the dealer and isn't committed to finding out whether such portrayals are honest." Additionally, "[a] purchaser of land, depending on a guiltless deception, is banished from recuperation just if the buyer"s demonstrations in neglecting to find surrenders were entirely silly, over the top, or in lacking honesty."