Head & Seemann, Inc. v. Gregg

The issue posed in this review is whether a defrauded vendor of real estate (Head «fe See-mann, Inc.) who obtains rescission of the land contract and restitution of the land in specie may also recover money damages for the rental value of the land for the period of the purchaser’s (Bettye J. Gregg’s) possession and for vendor’s out-of-pocket expenses. The circuit court for Waukesha county, John B. Danforth, Circuit Judge presiding, dismissed the vendor’s claim for money damages, holding that the election of remedies doctrine barred an action for damages in addition to an action for rescission…