Clark v. Powell

“ A rescission of the contract by consent, or a release by the other contracting party, is a complete defense.” Civil Code (1910), § 4304. In such a rescission by consent of a contract for the purchase of real estate, “in the absence of any agreement to the contrary in the subsequent contract of rescission, the rule governing a recovery is that the purchaser is entitled to a return of the partial payments plus the value of any improvements made, less a deduction of the rental value of the land and any injury or damage to the property during the term of occupancy.” Haygood v. Kennedy, 27 Ga.…