Holscher v. Ferry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• plaintiff's election of rescission may be demonstrated by actions during the pendency of litigation
• plaintiff's election of rescission may be demonstrated by actions during the pendency of litigation
• a remedy based on the theory of affirmance of contract is inconsistent with remedy arising out of the same facts based on theory of disaffirmance or rescission
• “It is a well-settled rule of law that, when a party has an election to rescind an entire contract, he must rescind it wholly or in no part. He cannot consider it void for one purpose, and at the same time in force for the purposes of recovering damages.”

Source: CourtListener parenthetical corpus (CC0).