Havemeyer v. Wright

5 F. 773, 1881 U.S. App. LEXIS 2094

Opinion

McKennan, C. J.

Beyond all question this is an entire contract, and to hold that tender of a part takes away the right of rescission, when the affidavit says that there was not only an impossibility of delivery as respects the balance but an intention not to deliver, would be to go beyond anything that, the English courts have held.

’ Buie discharged.