 | New York (State). Commissioners of the Code - 1862 - 550 páginas
...received from the latter under the contract,4 or must offer' to restore the same, upon condition that such party shall do likewise, unless the latter is unable," or positively refuses, to do so. 1 Fisher v. Fredenhall, 21 Barb., 82 ; Wheaton 9. Baker, 14 id.. 6OO ; Matteawan Co. v. Bentley, 13... | |
 | California - 1872 - 728 páginas
...received from him under the cout tract; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so. NOTE. — " Reasonable diligence." — Ladd vs. Moore, 3 Sandf., p. 589. Subd. 1. — "Must rescind... | |
 | 1898 - 1134 páginas
...it in any manner accounted for, except by defendant's statement that he sold It; nor was it shorwn to have been worthless. Waiving the question whether...unable or positively refuses to do so." Civ. Code, $ 1091, subd. 2. The refusal of the plaintiff to rescind was based upon the offer of the defendant... | |
 | 1909 - 1132 páginas
...has received from him under the contract; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so." The foregoing quotation from counsel's brief, the provisions of the statute, and the numerous authorities... | |
 | New York (State). - 1885 - 422 páginas
...has received from him under the contract; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable, or positively refuses, to do so. CHAPTER III. ALTERATION AND CANCELLATION. Alteration 8 1105. A contract, whether oral or written, which... | |
 | 1898 - 1198 páginas
...it; nor was it shown to have been worthless. Waiving the question whether the payment of the lirst assessment after learning of the debts and mortgage...unable or positively refuses to do so." Civ. Code, § 1691, subd. 2. The refusal of the plaintiff to rescind was based upon the offer of the defendant... | |
 | 1898 - 1132 páginas
...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...unable or positively refuses to do so." Civ. Code, { 1691, subd. 2. The refusal of the plaintiff to rescind was based upon the offer of the defendant... | |
 | California. Legislature - 1899 - 575 páginas
...has received from him under the contract; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so. CHAPTER III. ALTERATION AND CANCELLATION. Section 1697. Alteration of verbal contract, how made and... | |
 | 1900 - 1250 páginas
...has received from him under the contract, or must offer to restore the same, upon condition that such party shall do likewise, unless the latter Is unable, or positively refuses to do so." It will be noticed that by section 35S9 a contract may be rescinded for fraud, and that by section... | |
 | William Austen Carney - 1905 - 230 páginas
...from him under the contract; or he must offer to restore the same upon the condition that the other party shall do likewise, unless the latter is unable or positively refuses to do so; in other words, the parties must place themselves in the positions in which they were just prior to... | |
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He must restore to the other party everything of value which he has received from him under the contract ; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so. 
