Racicky v. Simon

THOMAS, Justice.

The principal legal question presented by this appeal is whether the buyer, under a contract for the sale of real estate, is entitled to the remedy of rescission if the buyer has completed performance and the seller is unable to perform. The issue is presented in the context of a summary judgment awarding rescission of the contract to the personal representative of the estate of the deceased buyer and providing for restitution in the total amount paid plus interest. A collateral issue presented in the brief of the personal representative is whether the amount of restitution…