Illingworth v. Bean

Plaintiffs Gwendolyn and Jeffrey Illingworth purchased a home from defendants Jeffrey and Cari Bean and subsequently brought a nine-count suit against the sellers and others 1 involved in the real estate transaction, seeking to rescind the contract for sale and to recover damages for undisclosed defects. In counts I and IV plaintiffs claimed mutual mistake of fact and breach of contract directed against the defendant sellers. Defendants moved to dismiss these two counts claiming the doctrine of merger barred recovery. The trial court granted the Beans’ motion. Plaintiffs bring this…