Reports of Cases Argued And Determined in the Court of Appeals ..., volume 114
Reports of Cases Argued And Determined in the Court of Appeals ..., volume 114
Maryland. Court of Appeals
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The decisions in this State and elsewhere in cases of sales of goods to be delivered in instalments demonstrate that the rule requiring, as a condition of rescission, a complete re- turn of the goodis sold, is not an inflexible rule, but is limited by the necessities of the case. If this were n9t so, the right to rescind could practically never be exercised in case of a default as to any instalment except the first, since it would be a practical impossibility to return the goods delivered on pr...evious instalment. The established rule is, however, that the right to rescind exists in case of default on any instal- ment. Digiti zed by Google ENTEKPRISE MFG. CO. vs. OPPENHEIM. 387 ]|j(j ] . Argument of Counsel. There is nothing in any of the eases relied on by the plain- tiff below which really conflicts with the cases we have cited, or with the principles which, we submit, must govern this case. A purchaser cannot knowingly, or with full means of knowledge, use a defective article, and then, when he is un- able to return it, rescind the contract of purchase.
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