Walter v. Moore

In Walter v. Moore, 700 P.2d 1219, 1228 (Wyo. 1985), after taking possession of the property, the buyers discovered a septic tank could not be installed because the property was located in the flood plain and, consequently, the property could not be occupied as a residence. The Court held restoration of the parties to status quo is an essential part of contract rescission. The rule of restoration is an equitable rather than a procedural remedy, and, therefore, it must be reasonably applied and construed. Walter, 700 P.2d at 1228; see 17A Am. Jur. 2d Contracts 592 (1991). Whether the parties can be substantially returned to their positions prior to entering the contract, and the means necessary to accomplish this outcome, is within the discretion of the district court under the facts as found to exist by the trier of fact. See Walter, 700 P.2d at 1228.