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" Restore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so. "
A Treatise on the Rescission of Contracts and Cancellation of Written ... - Sivu 1418
tekijä(t) Henry Campbell Black - 1916 - 1779 sivua
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 sivua
...374; Roche v. O'Brien, 1 Ball & B., 338, 353 ; Dunbar v. Tredennick, 2 id., 316. 2. He must restore1 to the other party everything' of value* which he has received from the latter under the contract,4 or must offer' to restore the same, upon condition that such party...

The Civil Code of the State of California, Nide 1

California - 1872 - 728 sivua
...efrected, the party rescinding, of reasonable diligence to comply with the following rules: 1. lie must rescind promptly, upon discovering the facts...of value which he has received from him under the cout tract; or must offer to restore the same, upon condition that such party shall do likewise, unless...

The Pacific Reporter, Nide 64

1901 - 1164 sivua
...promptly on discovering the facts which entitle him to rescind; second, he must restore, or offer to restore, to the other party, everything of value which he has received from him under the contract. Civ. Code, § 1C91. In this case it was nearly seven years after the contract was executed, and four...

The Pacific Reporter, Nide 184

1920 - 1058 sivua
...duress, menace, undue influence, or disability, and is aware of his right to rescind ; and, ''Second. He must restore to the other party everything of value which he has received from him nnder the contract ; or must offer to restore the same, upon condition that such party shall do likewise,...

The Pacific Reporter, Nide 127

1913 - 1154 sivua
...RESTORATION OF CONSIDERATION. Under Сотр. Laws 1909, § 1137, requiring a party rescinding a contract to restore to the other party everything of value which he has received under it or to offer to restore it on condition that the other party shall do likewise, unless the...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Nide 56

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1916 - 884 sivua
...Elliott, 30 Okla. 41, 118 Pac. 407. While, under section 986, Rev. Laws 1910, a party seeking a rescission must restore to the other party everything of value...which he has received from him under the contract, the weight of the evidence shows that the collateral notes were of no value, and that defendant's representative...

The Pacific Reporter, Nide 51

1898 - 1132 sivua
...essential to a rescission, or right of rescission, of the contract of purchase. In order to rescind, "he must restore to the other party everything of value which he has received from him under tbe contract; or must offer to restore the same, upon condition that the party shall do likewise, unless...

Reports of Cases Determined in the Supreme Court of the State of ..., Nide 124

California. Supreme Court - 1899 - 850 sivua
...party desiring to rescind must do so promptly on discovering the facts which entitle him to rescind. He must restore to the other party everything of value which he has received, or offer to do so. (Civ. Code, sec. 1691.) From the time the appellant entered into possession of the...

The Northwestern Reporter, Nide 80

1900 - 1250 sivua
...that he has rescinded the contract, or that he has restored or offered to restore to the plaintiff everything of value which he has received from him under the contract. "The party who would disaffirm a fraudulent contract must return whatever he has received upon it This...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Nide 31

Montana. Supreme Court - 1905 - 812 sivua
...with the following rules: "(1) He must rescind promptly, upon discovering the facts which entitled him to rescind, if he is free from duress, menace,...everything of value which he has received from him iinder the contract, or must offer to restore the same, upon condition that such party shall do likewise,...




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