The Law of Contracts Volume 1

The Law of Contracts Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...nature of the transaction makes it impracticable.13 The fact that one who has bought a going business has sold a part of the stock, does not prevent him from obtaining rescission for fraud if he tenders such of the stock as is left, together with his profits thereon, and offers to make compensation for such part of the stock as has been sold.14 If A seeks rescission of an oil lease on the ground of fraud as to the quantity of oil which such land produces, the fact that A made use of a part of such oil after he discovered the facts does not prevent rescission, but A will be granted rescission upon the payment of the reasonable value of the oil thus used by him.15 It is not necessary that the person who is defrauded make compensation for board and nursing which were furnished to him after his injury when he had no real opportunity to refuse.1 It is not necessary that he restore the identical coins or bills which he received.17 He may avoid if he has restored the money paid to him under the fraudulent release, even if he has not paid for the services of a physician furnished by the adversary party, as long as the injured party did not know for whom such physician was acting or by whom he was in fact paid.1 The right of being placed in statu quo may be enforced by persons, such as execution creditors, who have acquired liens on the property which the vendor replevins as sold by fraud.19 The rule which requires that the guilty party should be placed in statu quo is equitable, and not technical.20 If the party who is guilty of the fraud is insolvent, the party who is defrauded is not 11 Hemphill v. Miller, 75 111. App. 488. "Louisville & Nashville Ry. Co. v. If he can not regain the realty which Helm. 121 Ky. 645, 89 S. W. 709. he more

Product details

  • Paperback | 516 pages
  • 189 x 246 x 26mm | 912g
  • United States
  • English
  • black & white illustrations
  • 1236796039
  • 9781236796035