Cousineau v. Walker

613 P.2d 608 (Alaska 1980)

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Nature of the Case

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Facts

Walker (D) advertised his land for sale with the following description: 580 feet of highway, over 80,000 cubic yards of gravel, and a certain road access. D had an appraisal done that specifically excluded the valuation of the gravel, but the report did say that the ground was 'all good gravel base.' Cousineau (P) worked in the gravel business and offered $360,000 to purchase the land with the specific provision that all the gravel rights be transferred. P did not investigate the accuracy of D's representations. The final purchase price was $385,000, and the sale was made. The land had only 6,000 cubic yards of gravel and 165 feet less road access than advertised. P stopped making payments on the land sale contract after he had paid $99,000. From the facts, it appeared that D's misrepresentations were innocent. P brought an action for rescission and restitution. The court found for D; P did not rely on any misrepresentations. P appealed.