[Download] "Northwestern Equipment v. Leo J. Tentis" by Supreme Court of North Dakota " eBook PDF Kindle ePub Free
eBook details
- Title: Northwestern Equipment v. Leo J. Tentis
- Author : Supreme Court of North Dakota
- Release Date : January 03, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Syllabus by the Court 1. Section 51-0707, NDRC 1943 does not provide for or contemplate an implied warranty of fitness against
defects of material or performance of which the purchaser of the property covered by this section was aware at the time the
contract for purchase was made nor does it give the purchaser a right to rescind the contract because of such defects. 2. One who has a right to rescind a contract of purchase under the provisions of Section 51-0707, NDRC 1943 on the ground
that the property purchased is not reasonably fit for the purposes for which it was intended may delay the exercise of his
right of rescission on condition that the property be made fit and if the condition is not complied with may thereafter rescind
within a reasonable time after the seller has failed to comply with the condition. But a purchaser must in the first instance
have a right to rescind before it can be saved to him by a subsequent promise on the part of the seller to make fit.