A Treatise On the Rescission of Contracts And Cancellation of Written Instruments
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90, 142 Pac. 587.
198 Young V. Arntze, 86 Ala. 116, 5 South. 2.53; Tyler v. City of Augusta, 88 Me. 504, 34 Atl. 406; Paulson v. D. M. Osborne & Co., 35 Minn. 90, 27 N. W. 203. But see Plotner v. Markham Warehouse & Elevator Co. (Tex. Civ. App.) 122 S. W. 413.
109 J. I. Case Threshing Mach. Co. v. Puis, 175 111. App. 190.
2 00 Frick Co. v. Fry, 75 Kan. 396, 89 Pac. 675; Phares v. Jaynes, 118 JIo. App. 546, 94 S. W. 585.
2 01 Westinghouse Co. v. Gainor, 180 Mich. 393, 90 N. W. 52.
§ 627 HESCISSI...ON OF CONTRACTS 1452 identical property wliich he has received under it, and if he has put himself in a position where he cannot do this, as, by selling the property or part of it or otherwise disposing of it, he cannot have a rescission by tendering its value, but must have recourse to such other remedies as the law may allow him.^"- There are some exceptions to this rule, how- ever, as, for instance, where the rescinding party can and does regain the possession of that part of the property which he parted with,^"' where he can tender other prop- erty of identical kind and value, such as shares of stock in a corporation,^"* where his inability to return all the prop- erty received in the same condition is not attributable to his own act, but to the fault of the wrongdoer,-"^ where part of the property has been consumed in legitimate use, in which case he may tender its value, ^"^ where the other par- ty has waived a return of the specific property,^"^ and where he has perfected his right to a rescission by a good tender before disposing of any part of the property.^"' There are also some cases in which a return of the consideration re- ceived is impossible, as, for instance, where it consisted in services rendered or board and lodging furnished, and here it is sufficient to tender the reasonable price or value.
What to read after A Treatise On the Rescission of Contracts And Cancellation of Written Instruments?
You can find similar books in the "Read Also" column, or choose other free books by Black, Henry Campbell, 1860-1927 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
90, 142 Pac. 587.
198 Young V. Arntze, 86 Ala. 116, 5 South. 2.53; Tyler v. City of Augusta, 88 Me. 504, 34 Atl. 406; Paulson v. D. M. Osborne & Co., 35 Minn. 90, 27 N. W. 203. But see Plotner v. Markham Warehouse & Elevator Co. (Tex. Civ. App.) 122 S. W. 413.
109 J. I. Case Threshing Mach. Co. v. Puis, 175 111. App. 190.
2 00 Frick Co. v. Fry, 75 Kan. 396, 89 Pac. 675; Phares v. Jaynes, 118 JIo. App. 546, 94 S. W. 585.
2 01 Westinghouse Co. v. Gainor, 180 Mich. 393, 90 N. W. 52.
§ 627 HESCISSI...ON OF CONTRACTS 1452 identical property wliich he has received under it, and if he has put himself in a position where he cannot do this, as, by selling the property or part of it or otherwise disposing of it, he cannot have a rescission by tendering its value, but must have recourse to such other remedies as the law may allow him.^"- There are some exceptions to this rule, how- ever, as, for instance, where the rescinding party can and does regain the possession of that part of the property which he parted with,^"' where he can tender other prop- erty of identical kind and value, such as shares of stock in a corporation,^"* where his inability to return all the prop- erty received in the same condition is not attributable to his own act, but to the fault of the wrongdoer,-"^ where part of the property has been consumed in legitimate use, in which case he may tender its value, ^"^ where the other par- ty has waived a return of the specific property,^"^ and where he has perfected his right to a rescission by a good tender before disposing of any part of the property.^"' There are also some cases in which a return of the consideration re- ceived is impossible, as, for instance, where it consisted in services rendered or board and lodging furnished, and here it is sufficient to tender the reasonable price or value.
What to read after A Treatise On the Rescission of Contracts And Cancellation of Written Instruments?
You can find similar books in the "Read Also" column, or choose other free books by Black, Henry Campbell, 1860-1927 to read onlineMoreLess
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