Karpas v. Candler

1. Where one purchases land and assumes the payment of an outstanding indebtedness thereon and is sued on his assumption, and seeks to avoid liability on the ground of fraud, he must, upon the discovery of the facts constituting the fraud, at once announce his purpose to rescind, adhere to it, and make an offer to make restitution. If he remain silent, retain possession of the property so purchased, without complaint promptly after the discovery of the fraud, he will be held to have waived it, so far as it might be claimed as ground for rescission or avoidance of the contract, and will be…