Masters v. Consumers Power Co.

In this case plaintiffs seek to set aside, a written right-of-way easement, granted to the defendant, which plaintiffs acknowledge having executed. Plaintiffs seek rescission on the grounds that the right-of-way easement was obtained by fraud or that plaintiffs were mistaken as to the area covered by the easement, and that accordingly there was no meeting of the minds and thus no valid agreement.

This being an equity case this Court has not only the right but the duty to weigh all of the evidence in this cause and reach an independent conclusion. Papin v. Demski (1969), 17 Mich App 151.

Having…