City of Aberdeen v. Rich

[¶ 36.] I agree with the majority that the trial court must determine the rights of all parties, now that this second land sale contract is held void. The effect of voiding this contract is to place the parties back in their original position. Cf. Wolken v. Wade, 406 N.W.2d 720 (S.D.1987). Once a court declares a contract void, it is treated as if it is rescinded.

The right to rescind must be exercised in toto, allowing the contract to stand or fall as a whole.... [T]he effect of rescission of a contract is to put the parties back in the same position they were in prior to the making of the…