Is a delay in rescinding a contract a defense in an action for fraud?
California, United States of America
The following excerpt is from Warfield v. Richey, 167 Cal.App.2d 93, 334 P.2d 101 (Cal. App. 1959):
'A delay in rescinding a contract on the ground of alleged false representations which is the result of indulgence shown to the party perpetrating the fraud is not available as a defense in an action for rescission.' Graham v. Los Angeles First Nat. Trust & Savings Bank, 3 Cal.2d 37, 44(5), 43 P.2d 543, 547.
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