Kerns v. Prudential Insurance

Citations

• 11 Pa. Super. 209
• 1899 Pa. Super. LEXIS 127

Syllabus

<p>Contract — Rescission—Measure of damages.</p> <p>When one party to a contract refuses without right to perform his part the other party may elect either to sue on the contract to recover damages for the breach, or to rescind the contract and sue in assumpsit to recover back the money paid under it.</p> <p>Insurance — Rescission of contract — Measure of damages.</p> <p>Where a policy holder has fulfilled his part of the contract under said policy until the policy was forfeited by the company, the insured may treat the contract as rescinded and recover back the premiums already paid with interest.</p>