Kingsley v. Wallis
Supreme Judicial Court of Maine
Exceptions from the C. C. Pleas. Assumpsit on a note given on the 9th of April, 1834, for a deed of an interest in a patent right. The defendant proved, that when the bargain was made, he was to have “ the right to give up the trade, if he could not sell it, or if he was sick of his bargain,” but nothing was said about the time when it might be done.
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Exceptions from the C. C. Pleas. Assumpsit on a note given on the 9th of April, 1834, for a deed of an interest in a patent right. The defendant proved, that when the bargain was made, he was to have “ the right to give up the trade, if he could not sell it, or if he was sick of his bargain,” but nothing was said about the time when it might be done. He also proved, that “ sometime in the month of June following, he offered to give up the bargain, and to return the deed to the plaintiff, and demanded his note.” Whitman C. J. ruled, that as there was no time fixed during which the defendant…
1Opinion of the Court
After a continuance, nisi, the opinion of the Court was prepared by
Weston C. J.
—We cannot perceive such a difference between the case before us, and that of Atwood v. Clark, 2 Greenl. 249, as to call for the application of a different rule from that, which was laid down in that case. If the defendant here reserved to himself the right to rescind the contract, if he could not sell the interest he purchased, or was sick of his bargain, he was bound to make his election to do so, within a reasonable time. The shortest period, from the testimony, within which he offered to rescind, was more than…
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