Cox v. McKinley

Cox sued McKinley on two promissory notes, alleged to have been given for the rental of land therein described for the year 1909. The defendant admitted the execution of the notes and set up, as a defense, that before the time arrived when he was to take possession of the land rented, he notified the plaintiff that he would be unable to carry out his contract, and thereupon the plaintiff rerented a portion of the land to other tenants and cultivated the remainder himself; and the defendant sets up these acts of the plaintiff as amounting in law to a rescission of the rental contract, and says…