123 Wis. 253 | Wis. | 1904
This action is for the recovery of that with which plaintiff had parted upon the faith of a contract which,
The evidence most favorable to plaintiff — His own testimony — discloses nothing whatever of any offer in any way to return or surrender to defendant the equitable rights -which he had received from the latter by force of the land contract and his payment of the purchase price. He testifies merely that, when asked why he did not call for his deed, he replied, “It was too late to accept a deed, and that I wanted my money back;” nor, when deed was actually tendered him, did he -offer any completed rescission, even when acting through and under advice of counsel. The response covering the rejection •of the deed was merely that his condition had been changed
By the Court. — Judgment affirmed.