Sutter v. Department of Natural Resources

The primary issue presented on this appeal is whether it was error for the trial court to grant the plaintiffs judgment of rescission.

The trial court determined that the letter sent by Main to the Sutters through their attorney on March 13, 1968, was a unilateral attempt on its part to require performance by the Sutters substantially inconsistent and different from the terms and provisions of the original contract.

There is no question that where the vendee of real estate has substantially breached his part of the contract by not providing the required performance pursuant to the conditions of…