Brown v. Norman
Mississippi Supreme Court
Appeal from the Chancery Court of Lawrence County. Hon. T. B. Graham, Chancellor. The case is stated in the opinion of the Court. 1. I could cite a great multitude of authorities in support of the proposition that it is an essential prerequisite to the rescisión of a contract, for fraud, that the party seeking the rescisión should restore, or tender to restore, whatever consideration was received by him under ,the contract.
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Appeal from the Chancery Court of Lawrence County. Hon. T. B. Graham, Chancellor. The case is stated in the opinion of the Court. 1. I could cite a great multitude of authorities in support of the proposition that it is an essential prerequisite to the rescisión of a contract, for fraud, that the party seeking the rescisión should restore, or tender to restore, whatever consideration was received by him under ,the contract. In other words he cannot keep the benefits and escape the burdens of his agreements, even if his consent to them was fraudulently obtained. I content myself, however, by…
1Opinion of the CourtCooper, C. J.
The appellee exhibited his bill in the Chancery Court of Lawrence county, to cancel a conveyance of certain lands and personalty made by him in October, 1885, to the appellant, on the ground that it was procured by fraud and deceit. The defendant demurred to the bill, and his demurrer being overruled, he appealed.
It appears by the bill that, prior to October, 1885, the appellant was a member of the firm of Mangum, Brown & Butler, doing business in the town of Wesson, in Copiah county. At that time the said firm was insolvent, owing debts to the amount of $12,000, and having assets only to the…
2Cases cited5 opinions
- Hammond v. . PennockNew York Court of Appeals · 1874
- Baker v. . LeverNew York Court of Appeals · 1876
- Fitz v. BynumCalifornia Supreme Court · 1880
- Administrator of Smith v. SmithSupreme Court of Vermont · 1858
- Skinner v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1819
3Cited by28 opinions
- Green v. DuvergeyCalifornia Supreme Court · 1905
- Hamilton v. McGillMississippi Supreme Court · 1977
- Browder v. WilliamsMississippi Supreme Court · 2000
- Engeman v. TaylorWest Virginia Supreme Court · 1899
- Paquin v. MillikenSupreme Court of Missouri · 1901
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