Cherry v. McCall
Texas Court of Appeals
138 S.W.3d 35 (2004)
Relevant factsFree
Robert and Maria Cherry (plaintiffs) bought a home from Brian and Rebekah McCall (defendants) “as is.” After closing, the Cherrys discovered a walled-in basement room contaminated with mold and filled with trash and old building materials. They sued for breach of contract or, alternatively, rescission based on mutual mistake, and the trial court granted summary judgment to the McCalls.
IssueFree
Whether a contract for the sale of real property may be rescinded for mutual mistake when the buyer agreed to purchase the property “as is.”