Hausler v. Harding-Gill Co.

This case involves the right of plaintiff in error to rescind a contract with defendant in error rather than be forced to his action for damages for a breach thereof. The trial court and the Court of Civil Appeals held that the rescission should be denied because the remedy at law was adequate. 6 S.W.(2d) 445.

The contract was one for the sale of land wherein the defendant in error agreed to sell to plaintiff in error certain land; the contract containing the following stipulation:

“That party of- the first part hereby sells to party of the second part and agrees to convey or cause to be…