Maget v. Bartlett Bros. Land & Loan Co.

It is well settled that in an action for rescission of a contract —

"The party defrauded will generally lose his right to rescind if he takes any benefit under the contract or does any other act which implies an intention to abide by it or an affirmation of it after he has become aware of the fraud." [13 C.J. 524.]

[See, also, 9 C.J. 1199.] There is no doubt but that plaintiff ratified the contract made between Nelson and himself at Dearborn by his conduct in taking the property, to-wit, the two drafts of the Dearborn bank and the $50 in cash and retaining the same after he was fully cognizant…