Can a rescinding party stay in possession of the property involved?
California, United States of America
The following excerpt is from Flash Cleaners, Inc. v. Columbia Appliance Corp., 156 Cal.App.2d 455, 319 P.2d 454 (Cal. App. 1957):
There are situations in which the rescinding party can remain in possession of the property involved, and if need [156 Cal.App.2d 460] be, use the same. Smith v. Rickards, 149 Cal.App.2d 648, 308 P.2d 758.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a party have a right to an easement that encroachments upon the property of a property owned by the same party? (California, United States of America)
Can a class action be brought against a party who has been evicted from a home where personal property has been placed in storage pursuant to a writ of possession? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
Can a third party in the possession of property be ordered to deliver the estate to the executor? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
What is the test for determining whether a party in possession of a property can be hired? (California, United States of America)
Is there a distinction between a person who has a possessory interest in real property and who has not a right to possession of real property? (California, United States of America)
