Land Baron Invs., Inc. v. Bonnie Springs Family LP
Annotate this CaseThis appeal arose from a failed land sale contract between Plaintiff and Defendant. Plaintiff filed a complaint against Defendant, asserting claims for, inter alia, breach of contract and recession based on mutual mistake. Defendant counterclaimed for, inter alia, breach of contract, abuse of process, and nuisance. After a trial, the jury returned a unanimous verdict for Defendant on its nuisance and abuse of process counterclaims. The Supreme Court affirmed in part and reversed in part, holding (1) the district court did not err in denying Plaintiff’s motion for summary judgment on its mutual mistake rescission claim, as a mutual mistake will not provide a ground for rescission where one of the parties bears the risk of mistake; (2) an abuse of process claim may not be supported by a complaint to an administrative agency instead of one involving a legal process, and therefore, Defendant failed to establish the elements of abuse of process; and (3) a nuisance claim seeking only emotional distress damages does not require proof of physical harm, and the facts in this case supported the damages award arising under Defendant’s nuisance counterclaim.
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