Worcester Heritage Society, Inc. v. Trussell,

577 N.E.2d 1009 (1991)

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Nature of the Case

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Facts

Worcester (P) sold a house to Trussell (D) for $20,100 with the agreement by D that he would abide by historic preservation restrictions and do a complete historic restoration of the home. The exterior portion was to be completed within one year and if D failed to meet that deadline, P, at its option, had the right to complete the exterior restoration at D's cost. D eventually lost his job, and the work on the home proceeded at a slow pace. P sued for rescission in 1986 but agreed to delay, and the trial was eventually held in 1989. P contended that the restoration of the exterior was still not completed. D had done no restoration of the interior but painted a picture that there was slow, meticulous, steady progress that was hampered by a shortage of funds because D was out of work. The judge found the exterior to be 65-75% complete and refused rescission, the only remedy asked for in the complaint.