Valentine v. Patrick Warren Construction Co.

The crucial issue on this appeal is the right of the defendant Warren to have rescinded its subcontract with Capital which rescission was effected by Warren’s registered-mail letter of July 22, 1947. This is not the ordinary case where the question of right to terminate depends upon whether there has been a material breach by the party against whom cancellation is attempted, but instead involves construction of a particular clause in the written contract itself conferring such right of rescission in the event of certain specified occurrences. •

Article 4 of the contract between the parties…