Ripley v. Hazelton
New York Court of Common Pleas
Motion for judgment on demurrer to an answer. The action was brought on an agreement, which was set out in full in the complaint.
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Motion for judgment on demurrer to an answer. The action was brought on an agreement, which was set out in full in the complaint. Its substance was, that the defendants agreed to give the plaintiffs the exclusive agency for the sale of the defendants’ pianos in California and Nevada, so long as the plaintiffs complied with the terms of sale, which were to be six months’ credit on interest, and that in the event of a change of the terms of sale, that the plaintiffs should have the preference of all other piano dealers in San Francisco. The plaintiffs claimed $15,000 damages for the violation…
1Opinion of the CourtVan Brunt, J.
The demurrer to the first defense set up in the answer herein must be overruled.
The necessity of notice upon the recission of a contract exists only, as I understand the law, when the party rescinding has. received some benefit or advantage from the contract, which he must surrender before he can claim to rescind. He must put the other party in the same position he occupied before entering into the contract.
But in a- case like the present, where neither party has taken any action whatever under the contract, and neither has made any demand upon the other for its fulfilment, the reason of the…
2Cited by3 opinions
- Richard v. Credit SuisseNew York Court of Appeals · 1926
- Roessle v. LancasterAppellate Division of the Supreme Court of the State of New York · 1907
- Condouris v. Imperial Turkish Tobacco & Cigarette Co.New York Court of Common Pleas · 1893