Kasch v. Labor Temple Assn.

Sale of Laundry Business With Personal Property—False Representations as to Extent of Business—Deduction of Damages from Price—Rescission Impracticable.—Upon the sale of a laundry business, with the goodwill thereof, with horses, wagons, harness and storm robes, where $100 had been paid upon the price, and a balance of $500 was claimed thereupon, and defendant alleged that the contract was obtained by false representations, and claimed a rescission, and the court found that defendant was damaged to the extent of $100 by the false representations, that the business had been delivered to defendant, and cannot be fully restored, that one of the horses had been sold, and no return of receipts was offered, it is held that the court did justice between the parties by deducting the $100 from the balance due, and rendering judgment for plaintiff for the residue.

Id.—Restoration of Status Essential to Rescission of Contract.— The full restoration of the status of the other party is essential to the right of rescission of a contract therewith on the ground of alleged fraud; and where, upon the sale of a business, it becomes impossible, as the result of the execution of the contract, to place the parties in statu quo, there can be no rescission of the contract.