Dickson v. Wolin

OPJNION

By WASHBURN, PJ.

This action is an action to quiet plaintiff’s title against any right of defendants arising by virtue of said agreement, or in the alternative to require defendants to obey the provisions of said contract, should its terms be found to be binding upon the parties thereto or their successors.

It is an elementary rule of contracts that, upon a material breach of a contract by one party thereto, the other contracting party may, at his option, elect to rescind the contract, or continue it in force and sue for damages for the breach.

It is also fundamental that the parties to a…