Jackson v. Howard

In an action to rescind a contract of sale of real property, judgment reversed on the law, with costs, and complaint dismissed, with costs, on the ground that the record clearly shows that plaintiffs waived the fraud and adopted the contract as valid (1) by failure promptly to seek rescission upon knowledge of the fraud and, instead, by electing to regard the contract as valid for more than a year after such knowledge, during which plaintiffs repaired the dwelling and offered it for sale; and (2) by instituting an action for damages for fraud predicated on the validity of the contract and…