Worcester Heritage Society, Inc. v. Trussell

The Society (plaintiff) conveyed a rundown historic house to Trussell (defendant) for $20,100 plus his promise to complete an exterior historic restoration within one year, with the Society entitled to hire its own workers at Trussell's expense if he failed to finish on time. Trussell worked diligently until losing his job about 18 months in, slowing progress further; by the time of trial the exterior was 65-75% complete. The Society sued for rescission rather than invoking its contractual remedy of hiring replacement workers; the trial court found the restoration substantially progressed and denied rescission.

Whether rescission of a contract is appropriate if the party has not materially breached the contract.