Hoffmann v. Danielson

The result sought by appellant is rescission of the contract of July 23, 1946; set forth in the statement of facts. Before a party not in default may be entitled to.the relief of rescission, there must be so serious a breach of the contract by the other party'as to destroy the essential objects of the contract. 17 C. J. S., Contracts, p. 906, sec. 422; 12 Am. Jur., Contracts, p. 1020, sec. 440. The breach alleged here is the respondent’s failure to have the house ready for occupancy on October 1, 1946. Whether such a breach would justify rescission would depend on.whether time were of the…