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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
es a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes."); Rood Co. Bd. of Public Instruction of Dade County, 102 So. 2d 139, 141-42 (Fla. 1958) (holding that rescission/cancellation of an agreement is not available as a remedy where it is not sought promp
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
es a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes."); Rood Co. Bd. of Public Instruction of Dade County, 102 So. 2d 139, 141-42 (Fla. 1958) (holding that rescission/cancellation of an agreement is not available as a remedy where it is not sought promp
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
a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes."); Rood Co. v. Bd. of Public Instruction of Dade County, 102 So. 2d 139, 141-42 (Ha. 1958) (holding that rescission/cancellation of an agreement is not available as a remedy where it is not sought prompt
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
a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes."); Rood Co. v. Bd. of Public Instruction of Dade County, 102 So. 2d 139, 141-42 (Ha. 1958) (holding that rescission/cancellation of an agreement is not available as a remedy where it is not sought prompt
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
a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes."); Rood Co. v. Bd. of Public Instruction of Dade County, 102 So. 2d 139, 141-42 (Fla. 1958) (holding that rescission/cancellation of an agreement is not available as a remedy where it is not sought promp
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
a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes."); Rood Co. v. Bd. of Public Instruction of Dade County, 102 So. 2d 139, 141-42 (Ha. 1958) (holding that rescission/cancellation of an agreement is not available as a remedy where it is not sought prompt
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