...contract. Weintz v. Hafner, 78 Ill. 27. There was no failure on appellee's part to perform its undertaking. No contract can be rescinded by one of the parties unless both can be restored to the conditions in which they were before the contract was made. The register was "made up special" and...

...also, Phelps v. Brown, 95 Cal. 572, 30 Pac. 774.) It is the general principle, well recognized, that no contract can be rescinded by one of the parties...condition in which they were before the contract was made. The party rescinding must put the other in statv, quo. (2 Parsons on Contracts, 6th ed., 678.) In this...

...opposite party, for non-performance by him of his covenants ; but this can be done only when both parties can be restored to the condition in which they were before the contract was made. Where a contract of sale is rescinded for fraud, the rights of the vendor reclaiming the goods are...

...this plaintiff to maintain his action, he must do all that he reasonably can to restore the other side to the condition In which they were before the contract was made. He testified that he received some books, and those he has returned to the defendant. That much he...

...rescission of the contract and the recovery of the money paid would substantially restore both parties to the condition in which they were before the contract was made. (Additional Syllabus bv Editorial Staff.) 2. Contracts <s=j2641— Party cannot rescind if himself...

...at all." Parsons on Contracts, vol. 2 (Oth Ed.) pp. •(bottom) 834, 833, thus expresses the rule: "Generally, no contract can be rescinded by one of...has derived an advantage from a partial performance, or so disposed of the property bought that he cannot restore it, he cannot hold this and consider the...

...consideration, and leaving also to the other party his action for damages for the part not performed. Generally, no contract can be rescinded by one of...made. If, therefore, one of the parties has derived any advantage from a partial performance, he cannot hold this and consider the contract as rescinded...

...the contract rescinded, but must depend upon his suit for damages, for the violation of the agreement Generally, no contract can be rescinded by one of...condition in which they were before the contract was made. (Parsons on Con. 679, notes z and a.; Watts v. White, 13 Cal. 321; Miller v. Steen, 30 id. 402 ; Bohall...

...part which was advantageous, and set aside as to the part which turned out to be disadvantageous. " Generally, no contract can be rescinded by one of...therefore, one of the parties has derived an advantage from the partial performance, he cannot hold this and consider the contract as rescinded because of the...

...action on the contract for the part not performed ; nor a rescission be effected unless both parties can be restored to the condition in which they were before the execution of the contract. Appeal from Tama Circuit Court. WEDNESDAY, JULY 26. ACTION to recover for...