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Holding that a genuine issue of material fact existed as to which party breached the contract, the court reversed the trial court's order granting the plaintiffs summary disposition and remanded for further proceedings.

The parties entered into a purchase agreement for the defendants to sell the plaintiffs a parcel of land in exchange for $101,000 and a 1950 pickup truck. The trial court found that defendants wrongfully retained possession of the truck after the land purchase agreement fell through. It awarded plaintiffs the value of the truck ($30,075). An "essential element of a breach of contract claim is that the other party breached the contract." The parties disputed who breached the contract-plaintiffs asserted the defendants did "by failing to disclose material facts about the property," and the defendants asserted the plaintiffs "breached it by wrongfully refusing to purchase the property. The parties' motions presented opposing evidence on whether the property was located in a flood plain." Thus, "reasonable minds could differ" as to who breached the contract. Further, even "had the trial court properly granted summary disposition, its remedy was improper." It stated its intent to return the parties to their status quo, which implicated rescission. Rescission "is warranted where there is 'a material breach affecting a substantial or essential part of the contract.'" A trial court "should consider a variety of factors before granting" rescission. The trial court "gave no reason for imposing rescission rather than general contractual damages." The only testimony at the hearing on damages "regarded the value of the truck, leaving the trial court's decision to rescind the contract unsupported. Additionally, a proper rescission restores both parties to their precontractual positions-that is, a rescission would return the truck" to plaintiffs, while the real property remained with defendants. To require defendants "to essentially purchase the truck" from plaintiffs at FMV for "breaching a purchase agreement would be a highly unusual remedy, and the trial court must provide a legal justification for this remedy on remand if it intends to impose it." 

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