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