Opinion
February 21, 1978
The doctrine of merger by deed does not prevent rescission for mutual mistake or innocent misrepresentation. Yorke v. Taylor, 332 Mass. 369, 371 (1955). When an action for equitable relief by way of rescission is properly brought, but a change of circumstances makes that remedy inappropriate, damages may be awarded. Rosen v. Mayer, 224 Mass. 494, 495 (1916). The action is treated as one upon an "implied" contract, subject to the six-year statute of limitations in G.L.c. 260, § 2. New Bedford v. Lloyd Inv. Assocs., 363 Mass. 112, 118 (1973). No abuse of discretion is shown in the rulings on expert evidence as to value. Iris v. Hingham, 303 Mass. 401, 408-409 (1939). Judgments affirmed.