Sayres v. Wheatland Group, L.L.C.

By Judge Thomas d. Horne

Plaintiff has moved for partial summaiy judgment as to Counts I and II of the F irst Amended Complaint. In Count I, he argues that the contract for the construction and sale of a home that is at issue in this case is void, invalid, and unenforceable. It is his contention, alleged in Count n, that he is entitled to rescission and cancellation of the same contract in that it lacks consideration, mutuality of obligation, and mutuality of remedy. Consistent with the position that he takes concerning his challenge to the validity of the contract, the plaintiff has demurred…