Legal Opinion
E. T. C. Corp. v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 1936PublishedCited by 3 opinions
1Per curiam
The general rule in an action at law for rescission on the ground of fraud that the party seeking rescission must prior to suit restore or offer to restore whatever he has received under the contract has its exception. When that which has been received is of such a character that its return at the trial or in the progress of suit will leave the defendant in as good a position as the return before suit would have done, tender at the trial is all that is required. (Harris v. Equitable Life Assurance Society, 3 Hun, 724; affd., 64 N. Y. 196; Allerton v. Allerton, 50 id. 670; Nichols v. Michael,…
2Cases cited5 opinions
- Brennan v. National Equitable Investment Co.New York Court of Appeals · 1928
- Harris v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1876
- Voehl v. Title Guarantee and Trust CompanyNew York Court of Appeals · 1935
- Colil v. Massachusetts Security Corp.Massachusetts Supreme Judicial Court · 1923
- Voehl v. Title Guaranty & Trust Co.New York Supreme Court · 1934
3Cited by3 opinions
- In re the Arbitration between Staklinski & Pyramid Electric Co.Appellate Division of the Supreme Court of the State of New York · 1958
- J. M. A., Inc. v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936
- People v. Thuna, New York County Courts1942