Potter v. Roeth
California Supreme Court Aug 26, 1885 No. No. 8460Published
Synopsis
Equity—Rescission of Contract for Fraud.—On the principle that he who seeks equity must do equity the plaintiff, in an action to compel the reconveyance of land, must aver his willingness to restore to the defendant the consideration paid by him.
By the COURT. Upon the principle that he who seeks equity must do equity, the demurrer to the complaint should have been sustained. Judgment reversed and cause remanded, with directions to the court below to sustain the demurrer.
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