 | New York (State). Commissioners of the Code - 1862 - 538 страница
...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..... | |
 | New York (State). Commissioners of the Code - 1862 - 550 страница
...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... | |
 | California, California. Commission to Revise the Laws of California - 1871 - 894 страница
...from duress, menace, undue influence, or disability, and is aware of his right to rescind; and, 2. He must restore to the other party everything of value...or must offer to restore the same, upon condition tlmt such party shall do likewise, unless the latter i8 unable or positively refuses to do so. NYCC,... | |
 | California - 1872 - 728 страница
...from duress, menace, undue influence, or disability, and is aware of his right to rescind; and, 2. He must 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 such party shall do likewise, unless... | |
 | California - 1876 - 612 страница
...duress, menace, undue in nuance, or disability, and is aware of his right to rescind ; and, 2. He mnst restore to the other party everything of value which...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.... | |
 | California - 1876 - 622 страница
...and is aware of his right to rescind ; and, 2. He must restore to the other party everything of valne which he has received from him under the contract...the latter is unable or positively refuses to do so. CHAPTER HI. ALTERATION AND CANCELLATION. SECTION 1697. Alteration ol verbal contract. 1698. Sealed... | |
 | 1909 - 1132 страница
...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...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 страница
...subdivision 2 of section 1C91 of the Civil Code, which provides that the party seeking to rescind shall "restore to the other party everything of value which...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 страница
...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...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,... | |
 | 1901 - 1164 страница
...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... | |
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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. 
