H.T. C. Co. v. Whitehouse

APPELLANTS' POINTS.

If a contract is to be rescinded by either party it must be done in its entirety, and cannot be done in part. In this case the plaintiffs affirm the contract as to the 360 acres of land to which the title they say is good, but rescind as to the balance. (Cole v. Smith, 58 Pae. 1086, 26 Colo. 506; 11 Century Digest [Contracts], Sec. 1194.) If recovery is to be had upon this warranty the basis of recovery should be the value of the part lost in reference to the value of entire tract. (Haynes v.Packard, 45 S.W. 562; Phillips v. Pickert, 79 Am. Dec. 463;Hoffman v. Kirby, 68…