Hennessy v. Bacon
137 U.S. 78 (1890)

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U.S. Supreme Court

Hennessy v. Bacon, 137 U.S. 78 (1890)

Hennessy v. Bacon

No. 1103

Submitted October 27, 1890

Decided November 10, 1890

137 U.S. 78

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF MINNESOTA

Syllabus

If one party to a contract intends to rescind it on the ground of failure of performance by the other, a clear notice of such intention must be given unless either the contract dispenses with notice or it becomes unnecessary by reason of the conduct of the parties.

A settlement of a disputed claim between parties dealing on terms of equality and having no relations of trust or coufidence to each other, each having knowledge, or the opportunity to acquire knowledge, of every fact bearing upon the validity of their respective claims, will be supported by a court of equity in the absence of fraud or of the concealment of facts which the party concealing was bound to disclose.

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