Talley v. Talley

[¶ 40.] THE TRIAL COURT ERRED IN REFUSING TO ALLOW ANTHONY TO EXERCISE HIS OPTION TO BUY, AS DAMAGES, IF ANY, COULD SIMPLY BE ADDED TO THE PURCHASE PRICE.

[¶ 41.] I dissent because Anthony’s actions under the contracts do not constitute material breaches warranting rescission. Rescission of a contract is governed by SDCL 53-11-2; the trial court held that subdivision (2) controlled:

A party to a contract may rescind the same in the following cases only:

[[Image here]](2) If through fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part;

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