155 A. 58 | Conn. | 1931
On January 12th, 1929, the plaintiff purchased of the defendant certain shares of stock in a furniture and music store, under a written agreement. This contained, among other things, a representation that a certain statement attached to it correctly stated the condition of the company and was the basis of the purchase of the stock and it then provided that if the condition of the company was not as good as set forth, the plaintiff at his option might repudiate his agreement and recover back all he had paid and the agreement of purchase might be cancelled. At the trial it was proven that the condition *759 of the company fell considerably short of being as good as represented in the statement. In his complaint the plaintiff sought damages and a rescission of the contract and return of the money he had paid. The trial court awarded him damages but denied his prayer for relief by way of a rescission of the contract. It is the denial of this prayer which is the basis of the appeal.
The ruling of the trial court complained of was upon the ground that the plaintiff had not repudiated the agreement within a reasonable time. The contract being silent as to the time in which the plaintiff should exercise his right, the law would imply that it must be done within a reasonable time. Martoni v. MassachusettsFire Marine Ins. Co.,
There is no error.