Gary v. E. Frank Miller Construction Co.

McMurray, Presiding Judge.

Plaintiff and defendants entered into a contract under which plaintiff was to build a house for defendants. Subsequently, prior to completion of the house, the parties entered into a “CONTRACT OF RESCISSION AND RELEASE” whereby the construction contract was rescinded, defendants agreed to pay plaintiff $2,200 for various expenses incurred in connection with construction of the house, and defendants released plaintiff from any liability in connection with the construction contract or construction of the house.

In connection with the execution of the rescission…