Miller v. Varilek

On Remand

Before: Allen, P.J., and R. B. Burns and J. H. Gillis, JJ. Per Curiam.

This case was remanded to this Court by the Supreme Court for reconsideration in light of Lenawee County Board of Health v Messerly, 417 Mich 17; 331 NW2d 203 (1982). Miller v Varilek, 417 Mich 998 (1983).

The facts are sufficiently presented in our original opinion, Miller v Varilek, 117 Mich App 165; 323 NW2d 637 (1982).

In Lenawee, supra, pp 31-33, the Supreme Court discussed when rescission of a contract should be granted:

"A court need not grant rescission in every case in which the mutual mistake relates to a…