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ntact. Moreover, even though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC I Amid, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission
aces upon him") (internal quotation omitted); Restatement (Second) of Contracts § 380; see also Barnette. Wells Fargo 8 EFTA00205609 Nevada Nat. Bank of San Francisco, 270 U.S. 438, 444-46 (1926) (holding that cancellation of conveyance was precluded by delay in seeking that remedy and affirmative action evincing
ntact. Moreover, even though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC I Amid, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission
aces upon him") (internal quotation omitted); Restatement (Second) of Contracts § 380; see also Barnette. Wells Fargo 8 EFTA00205631 Nevada Nat. Bank of San Francisco, 270 U.S. 438, 444-46 (1926) (holding that cancellation of conveyance was precluded by delay in seeking that remedy and affirmative action evincing
ntact. Moreover, even though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescissio
also Barnette v. Wells Fargo 8 EFTA00799502 Case 9:08-cv-80736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 10 of 101 Nevada Nat. Bank of San Francisco, 270 U.S. 438, 444-46 (1926) (holding that cancellation of conveyance was precluded by delay in seeking that remedy and affirmative action evincing
tact. Moreover, even though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract."') (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescissio
es upon him") (internal quotation omitted); Restatement (Second) of Contracts § 380; see also Barnette v. Wells Fargo 8 EFTA00208830 Nevada Nat. Bank of San Francisco, 270 U.S. 438, 444-46 (1926) (holding that cancellation of conveyance was precluded by delay in seeking that remedy and affirmative action evincing
ntact. Moreover, even though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amid, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescission
also Barnette v. Wells Fargo 8 EFTA00081023 Case 9:08-cv-80736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 10 of 101 Nevada Nat. Bank of San Francisco, 270 U.S. 438, 444-46 (1926) (holding that cancellation of conveyance was precluded by delay in seeking that remedy and affirmative action evincing
ntact. Moreover, even though one of the parties has the power of avoidance, he may extinguish that power by ratification of the contract.") (quoting John E. Murray, Jr., Murray on Contracts § 17, at 31 (3d ed. 1990)); AVVA-BC, LLC v. Amiel, 25 So. 3d 7, 11 (Fla. 3d DCA 2009) ("[W]here a party seeking rescissio
also Barnette v. Wells Fargo 8 EFTA00795178 Case 9:08-cv-80736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 10 of 101 Nevada Nat. Bank of San Francisco, 270 U.S. 438, 444-46 (1926) (holding that cancellation of conveyance was precluded by delay in seeking that remedy and affirmative action evincing
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