Sixsmith v. Martsolf

How courts have described this case

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

• explaining that an action for rescission commenced twenty-five months after the consummation of a sale would not meet the requirement of prompt action
• explaining that an action for rescission commenced twenty-five months after the consummation of a sale would not meet the requirement of prompt action
• dismissing complaint for failing to plead damages since “[djamage or legal injury is essential to a right to sue in an action at law.”
• dismissing complaint for failing to plead damages since \[d]amage or legal injury is essential to a right to sue in an action at law.\
• “A contract secured by fraud is voidable only at the option of the injured party, who must act promptly on the discovery of the fraud or the right to rescind is waived.”
• action designed to rescind a contract secured by fraud properly dismissed for failure to state a claim because- that action — instituted more than twenty-five months after completion of the transaction described in the contract — was “legally too late for this purpose”

Source: CourtListener parenthetical corpus (CC0).