Greer v. Morris

1. Where a contract for the purchase of land is rescinded by the consent and agreement of both parties, “in the absence of any agreement to the contrary in the subsequent contract of rescission, the rule governing a recovery is that the purchaser is entitled to a return of the partial payments plus the value of any improvements made, less a deduction of the rental value of the land and any injury or damage to the property during the term of occupancy.” Haygood v. Kennedy, 27 Ga. App. 689 (109 S. E. 522); Mehrtens v. Knight, 29 Ga. App. 390 (2 6) (115 S. E. 506). In the instant action by the…