 | Georgia. Supreme Court - Equity - 1884 - 922 pages
...themselves of the land, with the intent to hold it as their own, and thereby "to restore themselves to the condition in which they were before the contract was made, there was an implied obligation on their part to restore the other party to the condition in which... | |
 | Samuel Owen - Law - 1847 - 490 pages
...Sänger et ale. loro, a case in which the court can rescind the contract and re-place the parties in the condition in which they were, before the contract was made. If the contract is rescinded, the right of pre-emption, which was the object of the contract, is gone.... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1866 - 610 pages
...613; Klnney et al. v. Turner, 15 id. 184; 6 Cow. 449; Bourland v. Siddes et al., 26 111. 497, 499. 3. Generally no contract can be rescinded by one of the...condition in which they were before the contract was made. Hunt v. Silk, 5 East, 449 ; 2 Pars. on Con. 191, 192, note o. 4. And the fact that the plaintiff did... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 830 pages
...consideration, and leaving also to the other party his action for damages for the part not performed, (z) Generally, no contract can be rescinded by one of...condition in which they were before the contract was made, (a) If, therefore, one of the parties has donmcnt of the contract by the defendant, and the plaintiff... | |
 | Charles W. Langdon - Constables - 1870 - 858 pages
...consideration, and leaving also to the other party his action for damages for the part not performed. Generally, no contract can be rescinded by one of...made. If, therefore, one of the parties has derived any advantage from a partial performance, he cannot hold this and consider the contract as rescinded... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1874 - 616 pages
...action on the contract for the part not performed ; nor a rescission be effected, unless both parties can be restored to the condition in which they were before the execution of the contract. Burge v. The Cedar Rapid» & Mo. RR Co., 32 Iowa, 101. 325. The refusal... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890 - 716 pages
...a general rule that a part}' to a contract is not entitled to have it rescinded unless both parties can be restored to the condition in which they were before the contract was made. It is also a general rule that a part of a contract cannot, without mutual consent, be rescinded unless... | |
 | William Wait - Actions and defenses - 1878 - 1026 pages
...well as himself, can be restored to the condition in which he was before the con tract was made. If one of the parties has derived an advantage from a...performance, he cannot hold this and consider the contract as rescinded, because of the non-performance of the residue, but must do all that the contract obliges... | |
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Generally, no contract can be rescinded by one of the parties, unless both can be restored to the condition in which they were before the contract was made. 
