Herman v. Haffenegger

Citations

• 54 Cal. 161

Syllabus

<p>Rescission of Contract.—A party entitled to rescind a contract on the ground of fraud, can only do so by returning, or offering to return, everything of value which he has received under it, and cannot maintain an action until he has done so. Held, accordingly, in an action to rescind a contract, where the proofs failed to show such a return, or offer to return, that the plaintiff was rightly nonsuited, although he was prepared to make, and did make, the offer at the trial.</p>