Cowen v. Harrington

Citations

• 5 Idaho 329
• 48 P. 1059
• 1897 Ida. LEXIS 16

Syllabus

<p>PROMISSORY Note — Cannot Avoid Payment. — -The defendant cannot avoid the payment of his promissory notes, given for property, without first surrendering or offering to surrender such property to the party from whom it was purchased.</p> <p>Praud. — -A contract induced by fraud must be rescinded within a reasonable time after the fraud has been discovered.</p> <p>If Answer No Defense, Strike It Out. — Under the facts of this casa there was no error in striking out the answer, as it stated no defense.</p> <p>(Syllabus by the court.)</p>