The buyer may also exercise the right to rescind the contract of sale, in accordance with the original terms of the sale where the terms of the contract contain such a privilege. So the buyer may elect to rescind the contract of right, on discovery of fraud on the seller's part, in inducing the contract. The buyer may also reject the goods where they do not meet the conditions of the contract if the contract is still an executory one.4

2 Cowan vs. Milburn, L. R., 2 Excb., 230.

3 Flynn vs. Ledger, 48 Hun

(N. Y.), 465. 4 Wolf vs. Dietzsch, 75 I11., 205.

It is the general rule of law that the buyer may not rescind an executed sale for mere breach of warranty, but rescission is permitted even of an executed sale in some states for a mere breach of warranty, the latter holding is called the Massachusetts rule.5

The buyer may also rescind where there is a failure of consideration, or where the contract is made under a mistake of fact,6 or where to perform the contract would be to do something illegal. The general principles of contract law apply. Any act by the seller showing a repudiation of the contract would give the buyer the right to rescind. The buyer is, however, governed by the same rules that govern the seller in the exercise of the right to rescind the contract. The election of the right to rescind upon the part of the buyer is properly shown, by giving notice to the seller of the intention to rescind with an offer to return the goods, or by showing that the goods are held subject to the seller's orders.

5 Bryant vs. Isburgh, 13 Gray, 607

6 Hamilton vs. McAlister, 49 S. Car., 230.