Originally Posted by yukong

Under contract law, whenever you file suit to rescind a contract, (regardless of the grounds, including allegations of fraud), then if the court orders rescission, the parties are put back into the position they were prior to the execution of the contract. In this case, Schultz gets the team back and PCB gets their $350 million back. Then you throw in monies they might both be out that returns them to their pre-contract state. I have never seen or heard of a rescission wherein the person asking for rescission of the contract gets to keep the proceeds of the sale, and then in some fashion gets the product back. I know they are saying some sort of trust to be held for sale...but that is just outlandish. I can not ever see a court finding that sort of resolution as equitable. And this is a suit in equity.