 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.  California Appellate Decisions - Página 237por California. District Courts of Appeal - 1918Visualização integral - Acerca deste livro
 | New York (State). Commissioners of the Code - 1862 - 550 páginas
...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...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... | |
 | New York (State). Commissioners of the Code - 1862 - 538 páginas
...party everything" of value1 which he has received from the latter under the contract,* or must offer1 to restore the same, upon condition that such party...latter is unable," or positively refuses, to do so. 1 Fisher v. Fredenhall, 21 Barb., 82 ; Wheaton v. Baker, 14 id. 600; Matteawau Co. v. Bentley, 13 id..... | |
 | California - 1872 - 728 páginas
...restore to the other party everything of value which he has received from him under the cout tract; or must offer to restore the same, upon condition that...the latter is unable or positively refuses to do so. NOTE. — " Reasonable diligence." — Ladd vs. Moore, 3 Sandf., p. 589. Subd. 1. — "Must rescind... | |
 | California - 1876 - 612 páginas
...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...likewise, unless the latter is unable or positively refnses to do so. 54 Cal. 190 ; 55 Cal. 459 ; 58 Cal. 235, 364, 608. CHAPTER HI. ALTERATION AND CANCELLATION.... | |
 | 1919 - 1024 páginas
...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...comes now and tenders return of the certificates for 1,000 shares of stock issued to him as set forth herein and consents to the cancellation of all agreements... | |
 | 1909 - 1132 páginas
...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...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... | |
 | 1914 - 1246 páginas
..."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...latter is unable or positively refuses to do so." Moreover, no objection based upon such ground was interposed by pleadings or otherwise In the trial... | |
 | 1898 - 1134 páginas
...has received from him under the contract; or must offer to restore the same, upon condition that the party shall do likewise, unless the latter is 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... | |
 | 1913 - 1154 páginas
...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. By the allegations of his answer there is no doubt defendant brought himself clearly within the terms... | |
 | New York (State). - 1885 - 422 páginas
...restore to the other party every thing of value which he has received from him under the contract; or must offer to restore the same, upon condition that...latter is unable, or positively refuses, to do so. CHAPTER III. ALTERATION AND CANCELLATION. Alteration 8 1105. A contract, whether oral or written, which... | |
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