Opinion
Gen. No. 43,884. (Abstract of Decision.)
Opinion filed January 6, 1947 Released for publication January 20, 1947
RESCISSION AND CANCELLATION, § 36 — when attempt to rescind contract one year after signing was too late. Where notice to rescind contract on grounds that it was obtained by duress or business compulsion was given more than year after date of contract, under which defendant was to pay plaintiff fixed sum in annual instalments for services rendered in connection with purchase of hotel, and during time prior to notice neither defendant nor anyone on its behalf gave any notice to plaintiff of rescission nor did any act to evidence its intention to rescind, and plaintiff continued to render services for more than three months after date of contract, delay in rescinding was inexcusable, since rescission should be at earliest time possible after becoming cognizant of facts which entitle person to rescind.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Affirmed. Heard in the second division, first district, this court at the October term, 1946.
Thomas A. Sheehan, for appellant;
Poppenhusen, Johnston, Thompson Raymond, for appellee;
Edward R. Johnston, Floyd E. Thompson and Allan R. Johnston, of counsel.
Not to be published in full. Opinion filed January 6, 1947; released for publication January 20, 1947.