Frederick v. Davis

Si-ierwin, J.—

The plaintiff and the defendants entered into an oral contract for purchase and sale of certain land at the agreed price of $3,300. The plaintiff paid $300 in cash, but afterwards failed to make further payment, as he had agreed, and thereupon the defendants rescinded the contract, returned to the plaintiff the notes which he had given them for a part of the price, and refused to return the money paid. It is the rule in this State that a party may not rescind a partly executed contract without placing the other party in statu quo. And the rule is applicable to the sale of real…