Stone v. Superior Court

LANGDON, J., Dissenting.

I dissent. The effect of the majority opinion is to disregard settled principles of law and to overrule many well-considered eases. It has been held on numerous occasions by this court, as well as by the District Court of Appeal, that rescission is complete upon the giving of notice and the offer to restore the consideration received. The decisions are reviewed in McNeese v. McNeese, 190 Cal. 402 [213 Pac. 36, 37], where Mr. Justice Lennon says (p. 404) : “The interposition of a court of equity to set the contract aside was not necessary to rescission. A contract may…