Wisconsin Supreme Court September 24, 1889 (Singer v. Schilling)

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United States · · · 24-09-1889

Cole, C. J.

The right of a vendor of goods procured by fraud to rescind the sale and reclaim such goods is too well settled to admit of controversy. Indeed that right is not questioned in this case.. But it is said if a defrauded vendor elects to rescind the sale upon discovering the fraud, he must disaffirm the entire contract; he cannot affirm in part and disaffirm in part.

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