Section 30 Laches

• Library: Remedies 2006

Laches is a defense to equitable claims, and it is available against a claim for rescission. Homan Farms v. Carleton, 877 S.W.2d 638, 642 (Mo. App. W.D. 1994). A court may deny the remedy of rescission if a person has unreasonably delayed in bringing their claim or if the delay has caused material prejudice to the other party. Id. These two factors require examination of the reasons for any delay and the effect of the delay on the other party. In Curotto v. Hammack, 241 S.W.2d 897, 900 (Mo. 1951), the Court found that a 23-month total delay between execution and the claim, which included 11 months after the grantee was declared incompetent, combined with a material negative change in the respective parties’ positions, made application of laches justifiable. But the mere delay is not in itself sufficient to refuse to rescind an instrument. Blakeley v. Bradley, 281 S.W.2d 835, 841 (Mo. 1955). There must be some culpability in the delay and some material prejudice to...