Davis v. Cleary Building Corp.

PATRICIA BRECKENRIDGE, Judge.

Cleary Building Corporation appeals the judgment entered in favor of Dennis and Susan Davis, husband and wife, on the Davises’ action for rescission of their contract with Cleary to build a horse barn on the Davises’ property. Cleary argues that rescission was not a proper remedy in this case because it fully performed under the terms of the contract and it is impossible to restore the parties to the status quo. Cleary also contends that the trial court erred in awarding the Davises consequential damages. Because this court finds that the trial court erred in…