Invengineering, Inc. v. Foregger Company, Inc., and Lily M. Foregger. Invengineering, Inc. v. Foregger Company, Inc., and Lily M. Foregger

The fact-finding below that the plaintiff intended to rescind the contract is clearly erroneous and should be reversed.

The record below discloses that the defendant never even advanced the contention that plaintiff had “rescinded” the contract.

In the parties’ “Agreed Statement as to Record on Appeal” it was said:

“ * * * Thereafter, on March 4, 1959, with Foregger in default in its undertaking to make successive monthly payments of $5,000, Invengineering by letter, a copy of which is attached hereto as Exhibit B, gave a 30-day notice of termination of the contract pursuant to the provisions…