A Treatise on the Rescission of Contracts and Cancellation of Written Instruments, Volume 2

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Vernon law book Company, 1916 - Contracts - 1779 pages
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Contents

Same Agency or Power Coupled with an Interest
869
Same Agency or Power Coupled with an Interest 342 Contracts of Suretyship and Guaranty
870
Partnerships
878
Contract or Engagement to Marry
881
Marriage as Executed Contract
891
Subscriptions for Corporate Stock Release or Withdrawal
896
Same Rescission for Fraud or False Representations
898
Same Rescission for Fraud or False Representations 348 Same Representations by Officers Agents and Promoters
903
Same False Statements in Prospectus
905
Same False Statements as to Other Subscriptions 351 Same Promissory Representations and Statements of Opin ion 352 Same Effect of Bankruptcy o...
912
Subscriptions to Charitable Philanthropic and Business En terprises
915
Contracts for Work or Hire of Services
920
Tenure of Office Public and Private
921
Resolutions and Contracts of Directors of Corporations 357 Contract or Notice of Rescission may be Rescinded
924
CHAPTER XVI
926
Effect of Mistake
931
Fraud Deception and Undue Influence
933
Want of Independent Advice
934
Deed of Trust Testamentary in Character 364 Trusts In Bank Deposits
936
Revocation by Consent of All Parties 366 Resignation or Repudiation by Trustee
938
Termination of Trust by Failure of Beneficiaries
939
Antenuptial Agreements
940
CHAPTER XVII
942
Section
946
CHAPTER XVIII
957
Promises and Representations as to Future Events
969
Mental and Physical Condition of Releasor
970
Personal Injury Cases
972
Same Reliance on Opinion of Physician
974
Same Mistake as to Nature or Extent of Injuries 392 Settlement and Compromise of Litigation
979
Settlement and Division of Estates 394 Settlements Between Trustees and Beneficiaries
981
Remedy Against Fraud at Law and in Equity
982
Restoration or Tender of Consideration Received
983
Ratification and Estoppel
985
CHAPTER XIX
987
Mistake
994
Duress and Undue Influence
995
Voidability as Against Bona Fide Holder for Value
997
Jurisdiction of Equity to Order Cancellation
1001
CHAPTER XX
1004
Rescission for Cause
1005
Fraud and Misrepresentations
1007
Same Fraud and False Representations by Purchaser 410 Purchase and Sale of Corporate Stock
1013
NonPayment of Price
1015
Same Sale for Delivery in Installments 413 Conditional Sales
1018
CHAPTER XXI
1021
Option or Reserved Right to Rescind
1026
Rescission by Mutual Agreement
1029
Right to Rescind in General
1031
Fraud and False Representations
1033
Same As to Title Interest or Estate
1036
Misrepresentation or Concealment of Incumbrances 422 Same Existence of Prior Contract to Convey
1043
Same As to Quantity Boundaries or Location
1044
Same As to Value of Property
1050
Same As to Quality Condition and Improvements 426 Same As to Timber and Mineral Resources
1054
Rescission for Failure or Defect of Title in General 428 Application of Rule of Caveat Emptor
1058
Certainty and Materiality of Defect
1059
Offer of Doubtful Title 431 Allowance of Reasonable Time to Make Title
1061
Vendor Disabling Himself to Convey 433 Defects Cured or Curable Before Conveyance
1063
Defects Cured After Notice of Rescission but Before Decree 435 Disturbance of Purchaser or Danger of Eviction
1067
Failure of Title as to Part of Land Conveyed
1068
Grounds for Equitable Relief
1071
Waiver Estoppel or Default of Purchaser
1072
Rescission by Vendor for NonPayment of Purchase Money 440 Same Deferred and Installment Payments
1076
Rights and Duties of Parties on Rescission
1079
Exchange of Properties
1080
CHAPTER XXII
1084
Jurisdiction of Equity
1085
Application of Rule of Caveat Emptor
1088
Fraud and False Representations
1091
Announcements or Representations by Persons Conducting Sale
1094
Chilling Bids or Stifling Competition
1095
Unfair Combinations Among Bidders
1097
Employment of Puffers
1099
Mistake
1101
Irregularities Errors and Defects
1103
Inadequacy of Price
1106
Remedies Before and After Confirmation of Sale
1108
Laches and Estoppel
1109
CHAPTER XXIII
1111
Breaches of Contract by Landlord
1123
Breaches of Contract by Tenant
1124
Same Improper Use or Abuse of Premises
1125
CHAPTER XXIV
1127
Delay Failure to Operate or Abandonment by Lessee
1136
Remedy at Law or in Equity
1139
Licenses to Mine
1140
Time to Rescind Laches
1141
CHAPTER XXV
1144
Right of Insurer to Cancel Policy
1157
Notice for Cancellation
1159
Same To Whom Given
1163
Repayment of Unearned Premium on Cancellation 484 Delivery of Policy for Cancellation
1170
Evidence of Cancellation
1177
Operation and Effect of Cancellation
1178
Remedies for Wrongful Cancellation
1179
Surrender of Policy by Insured
1182
Acts Constituting Surrender and Acceptance
1186
Validity of Surrender
1188
Operation and Effect of Surrender
1189
Repayment or Recovery on Surrender
1190
Abandonment by Insured
1192
CHAPTER XXVI
1195
Revocability in General
1200
Resolutions and Contracts of Directors of Corporations 357 Contract or Notice of Rescission may be Rescinded 2 Black Resc ill
1201
Same Improvidence
1202
Same Ingratitude of Donee
1203
Setting Aside for Fraud Undue Influence or Mistake 505 Gift to Fiduciary or Trustee
1207
Gifts Between Parent and Child
1210
Deposit of Money in Bank to Credit of Another
1211
Revocation by Mutual Consent
1213
Gifts Causa Mortis
1214
Same Survival of Donor and Revocation
1215
Burden of Proof and Evidence
1217
CHAPTER XXVII
1219
Mode of Rescission Under Reserved Right
1221
Notice of Rescission
1223
Stipulation Limiting Time for Rescission or Return 516 Mutual or Unilateral Right of Rescission
1225
Implied Consent or Acquiescence
1240
Assent or Acquiescence Inferred from Unexplained Delay 528 Acts and Conduct Constituting Rescission
1244
Same Offer and Acceptance
1247
Same Substitution of New Contract
1249
Same Resuming Possession of Goods Sold
1251
Same Abandonment of Rights
1253
Same Default or Nonperformance on Both Sides 534 Evidence of Rescission
1257
Consequences and Effects of Rescission
1259
CHAPTER XXIX
1261
When Reasonable Time Begins to
1267
What Constitutes Knowledge or Notice and How Acquired
1269
Same Diligence Required in Inspection or Examination 541 What Constitutes Laches
1274
Same Sales of Personal Property
1278
Same Contracts Concerning Real Property
1281
Circumstances Explaining or Excusing Delay 545 Change In Circumstances or in Value of Property 546 Absence of Loss or Prejudice from Delay
1290
Reasonable Time as Question of Law or Fact
1292
Premature Attempt to Rescind
1294
CHAPTER XXX
1297
Parties Jointly Interested
1303
Party In Default Cannot Rescind
1305
Parties In Pari Delicto
1309
Same Defrauding Creditors
1311
Same Inequality of Turpitude
1312
CHAPTER XXXI
1314
Notice Stipulated for In Contract 573 Form and Sufficiency of Notice
1346
Ambiguous Alternative or Conditional Declarations 575 Service or Delivery of Notice
1352
Institution of Suit as Equivalent to Notice
1354
Acts Constituting or Evidencing Rescission
1355
Same Suit to Rescind or to Recover Property
1356
Same Regaining or Accepting Possession of Property
1358
Same Surrender or Return of Evidences of Title 581 Same Dealing with or Disposition of Property
1361
Same Refusal to Perform Demands Inconsistent with Contract
1362
CHAPTER XXXII
1365
Part of Property Sold by Purchaser
1371
Option for or Acceptance of Partial Rescission 589 Power to Decree Partial Rescission
1372
CHAPTER XXXIII
1374
Contemporary Knowledge of Fraud Mistake or Defect
1378
Freedom from Duress Control or Disability
1379
Recognition of Contract as Subsisting
1380
Accepting and Retaining Benefits
1382
Waiver of Right to Rescind by Acts or Assertions of Owner ship
1384
Same Contracts for Sale of Land
1385
Same Sale of Property or Offer to Sell
1386
Same Possession or Use for Purpose of Testing
1390
Making Payments
1391
Obtaining Induigence or Extension of Time 603 Demand or Acceptance of Payment or Security
1392
Same Waiver of Default or Delay In Payment
1394
Permitting Continuance of Work Under Contract
1397
Acceptance of Partial Faulty or Insufficient Performance 607 Laches as Importing Waiver 608 Estoppel by Declarations or Conduct
1401
Estoppel by Negligence or Inaction
1405
Ratification of Voidable Deed or Contract
1406
Same Intention to Ratify
1407
Affirmance by Suing on Contract
1408
Compromise Settlement or Further Negotiations 614 Effect of Waiver or Ratification
1412
Evidence Question for Jury
1413
CHAPTER XXXIV
1414
Necessity of Tender or Restoration of Property
1417
CANCELLATION OF WRITTEN
1421
Where Restoration Is Impossible
1425
Property Accidentally Destroyed or Lost
1429
Property Sold or Hypothecated to Third Person
1430
Exception as to What Rescinding Party Is Legally Entitled to Hold
1431
Exception as to Property Entirely Worthless
1435
Effect of Refusal to Accept Return of Property
1437
To Whom Restoration or Tender Should be Made
1439
Time to Make or Offer Restoration
1441
Mode Sufficiency and Extent of Restoration
1445
Payment or Tender of Value In Lieu of Specific Restoration
1451
Resale of Goods by Buyer for Sellers Account
1455
Reconveyance of Land
1456
Restoration of Possession of Land
1457
Liability for Interest on Consideration Received
1458
Liability for Waste or Deterioration of Property
1459
Accounting for Rents or Rental Value
1461
Allowance for Cost of Keeping and Expense of Restoration
1464
Allowance for Improvements and Repairs
1465
Allowance for Taxes and Incumbrances Paid
1469
CHAPTER XXXV
1471
Contracts for Benefit of Third Persons
1472
Black Resc b
1473
Same Sales of Personal Property
1476
Assignee of PurchaseMoney Notes
1477
CHAPTER XXXVI
1479
Adequate Remedy at
1483
Same Action for Fraud or Deceit
1485
Same Defense to Action on Contract or Instrument 648 Same Pendency of Proceedings at
1488
Same Insolvency of Defendant
1489
Cancellation of Instruments
1491
Same Void Instruments
1492
Same Contracts of Insurance
1493
Applicability of Statute of Liniltatlona
1494
Laches Barring Relief
1496
Form of Remedy
1497
Venue of Action
1499
CHAPTER XXXVII
1500
CHAPTER XXXVIII
1511
PLEADING AND PRACTICE
1513
Requisites of BUI or Complaint in General 665 Allegations of Fraud or False Representations
1516
Allegation ot Duress or Undue Influence 667 Allegation of Mental Incompetence
1519
Allegation of Mistake 669 Alleging Defects of Title
1521
Setting Out or Describing Instrument
1522
Showing Promptness and Diligence
1523
Offer to Restore or to Do Equity
1524
Frame of Bill and Prayer for Relief
1527
CHAPTER XXXIX
1534
Admissibility of Evidence
1544
Weight and Sufficiency of Evidence
1546
Same Fraud and Mistake
1548
General Principles of Granting Relief 686 Decree Ordering Cancellation
1554
Decree Ordering Reconveyance
1555
Recovery of Money Taid and Interest 689 Adjusting All Rights and Doing Complete Equity 690 Relief Granted Where Rescission Legally Impossible
1560
Relief to Plaintiff on Refusing Rescission
1562
Conditional or Alternative Relief 693 Granting Necessary Additional Relief
1567
Decreeing a Lien on Land
1568
In General
1580
Revival or Renewal of Contract
1587
Copyright

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Common terms and phrases

Popular passages

Page 1418 - Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: 1. He must rescind promptly, upon discovering the facts \yhich entitle him to rescind...
Page 1134 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Page 892 - Other contracts may be modified, restricted, or enlarged, or entirely released upon the consent of the parties. Not so with marriage. The relation once formed, the law steps in and holds the parties to various obligations and liabilities.
Page 1491 - A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.
Page 1491 - An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section.
Page 966 - If he cannot read it, it is as much his duty to procure some reliable person to read and explain it to him, before he signs it, as it would be to read it before he signed it if he were able to do so; and his failure to obtain a reading and explanation of it is such gross negligence as will estop him from avoiding it on the ground that he was ignorant of its contents.
Page 1304 - A party to a contract may rescind the same in the following cases only: 1. If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party; 2.
Page 914 - If a considerable period of time has elapsed since the subscription was made; if the subscriber has actively participated in the management of the affairs of the corporation; if there has been any want of diligence on the part of the stockholder, either in discovering the alleged fraud, or in taking steps to rescind when the fraud was discovered; and, above all, if any considerable amount of corporate indebtedness has been created since the subscription was made, which is outstanding and unpaid,...
Page 1418 - Restore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so.
Page 877 - In the case of a simple guarantee for a proposed loan, the right of revocation before the proposal has been acted on did not appear to be disputed. Then, are the rights of the parties affected either by the promise being expressed to be for twelve months, or by the fact that some discounts had been made before that now in question, and repaid? We think not. The promise to repay for twelve months creates no additional liability on the guarantor, but, on the contrary, fixes a limit in time beyond which...

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