Bruton v. Bland

When a person discovers that he has been fraudulently induced to purchase property 'he must ©hooise between .two inconsistent remedies. He may repudiate the contract of sale, tender a return of the property, and recover the value of the .consideration with which he parted; or, he may affirm the contract, retain the property, and recover the difference between its real 'and -its represented value. He may not do. both. 'Once made, the election is final. The election must be made “promptly and within a reasonable time after the discovery of the fraud, or after he .should have -discovered, it by…