Stelwagon v. Wilmington Coal Gas Co.

Citations

• 16 Del. 184

Syllabus

<p>Sale. Assumpsit.—Under an executed contract for the sale of goods, part of which were alleged to be of inferior quality, an action for money had and received will not lie to recover back the price paid therefore.</p> <p>Same.—In the case of goods sold and delivered, if they are of any value and are retained by the purchaser, he cannot recover back the price paid on action of assumpsit.</p> <p>Same. Deceit.—In such case the remedy is by an action of deceit if the price was obtained by fraud or imposition.</p> <p>Assumpsit.—The action for money had and received is an equitable action and proceeds upon the principle that he who would have equity must do equity ; hence the plaintifl cannot recover unless the parties can be placet} in the same position as before the contract.</p> <p>Contract. Rescission.—While a contract remains executory either party may rescind it for proper reasons, provided he can put the other party in statu quo, but not otherwise.</p>