Vavricka v. Mid-Continent-Co.

I respectfully dissent from that part of the opinion with reference to tender. This is an action at law to rescind a contract for the purchase of stock. The general rule is stated in Building & Loan Ass’n of Dakota v. Cameron, 48 Neb. 124, 66 N. W. 1109, as follows: “It has been often held, and may be regarded as elementary law, that one who seeks to rescind a contract on the ground of fraud must offer to return the property or consideration received therefor by him, provided it be of any value, within a reasonable time.” Citing Clark v. Tennant, 5 Neb. 549; Brown v. Waters, 7 Neb. 424;…