Nichols v. Williams Pontiac, Inc.

1. Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent misrepresentation. In such case, however, if he sues in tort and fails to complete the rescission by tendering back the property, in the absence of special circumstances, his cause of action fails, and, on the other hand,…