Wheeler v. Mather

The rule sought to be established by the majority opinion of the court seems to me to be so different from the rule heretofore uniformly recognized by this court that I can not concur in it. I can never yield my assent to a rule that will permit a party to rescind a contract for non-performance on the part of the vendee, whether this contract relates to the sale of real or personal property, and take back that which he had parted with, and yet retain that which he had received under the contract. I am persuaded that the cases heretofore adjudged by this court, hold a sounder and better rule,…