Hilton v. Advance Thresher Co.

Citations

• 8 S.D. 412
• 66 N.W. 816
• 1896 S.D. LEXIS 42

Syllabus

<p>1. Where the trial court was neither called upon to decide, as a matter of law, that an offer to rescind was made too late, nor to submit the question to a jury, a holding that such offer was made with sufficient promptness will not be disturbed, in the absence of an available exception thereto.</p> <p>2. Whether a tender to an agent authorized, under the statute, to accept service of process, is equivalent to a tender to his principal, is a question not properly before us.</p> <p>3. An action to rescind a contract may be brought at any time within the statutory limitation, by one who offered to rescind in the manner provided by statute, and with reasonable promptness after the discovery of facts which entitled him to a rescission.</p> <p>4. In the absence of evidence to the contrary, the authority of a managing agent of a nonresident corporation to execute in the name of his principal, a release and discharge of a chattel mortgage, will be presumed.</p> <p>6. Where the right to rescind is based upon the wrongful act of one of the parties to a contract by reason of which the consideration has failed in whole or in part, inability to restore such party to his former condition, when occasioned solely by such wrongful act, is not alone sufficient to defeat an action to rescind such contract and recover the consideration paid thereunder.</p>