Fisher v. Jones

Robert S. Lindsey, Special Justice.

I concur in the denial of specific performance (E-89-1592). It is only in denying rescission that I would reverse and remand (E-89-1524).

The Chancellor was of the opinion that Fisher had not met the burden of proof so as to entitle him to restitution, and concluded that the circumstances had been so altered by part execution that the parties could not even be closely restored to status quo so that it was impossible to grant rescission.

As a general rule, restoration of the status quo is a prerequisite to rescission. Absolute and literal restoration is not…