Rogers v. Simpson

Citations

• 21 Ohio C.C. Dec. 103

Syllabus

<p>CONTRACTS — RESCISSION.</p> <p>Rescission of Contract for Sale of Land by Mutual Consf,nt.</p> <p>Under a contract for the sale of land where a vendor is unable to make a deed at the time stipulated or within a reasonable time thereafter, and the vendee does not waive such default, but neglects to tender performance on his part for an unreasonable' time, the rescission of the contract will be presumed by mutual consent, and in such case the vendee may maintain an action to recover the money advanced upon the contract.</p> <p>[Syllabus approved by the court.]</p>