Elting v. Pickett

I concur in the opinion of the majority but would add that under the undisputed testimony defendant gave plaintiff an opportunity for rescission of the contract in January, 1955, when he offered his new Cadillac to plaintiff in an even trade for the leases then held by plaintiff, but plaintiff failed and refused to accept this offer. He retained the leases, continued to send checks for completion costs on commercial producing wells, and accepted income from the production of such wells until the leases became valueless — by their own terms, by sales as a result of a judgment in a lien…