Section 26 Equitable Right of Rescission

LibraryRemedies 2006

An innocent party who has been fraudulently induced to enter into a fraudulent contract and who has been wronged thereby has two remedies and may choose between affirming the contract and suing for damages or repudiating the contract and suing in equity for rescission of that contract. Denny v. Guyton, 40 S.W.2d 562, 591 (Mo. banc 1931) (seller misled about business and profits of business before selling out to other owners).

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