Section 35. Any person interested in a contract hrwrtt- m e n re- `PL` ++may sue to have it rescinded, and such rescission

CHAPTER IV. 35. Any person interested in a contract hrwrtt- m e n re- `PL` ++may sue to have it rescinded, and such rescission `pl-` may be adjudged by the Court in any of the follow. ing cases, namely :- `ii` `pl-` (a) where the contract is voidable or terainable by the plaintiff ; (6) where the contract is unlawful for oauses bot apparent on its face, and tho defendant is more to blame than the plaintiff; (c) where a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and th6 purchaser or lessee makes default in payment of the purchase-money or other sums whioh the C0m.t has ordered him to phy. When the purchaser or lessee is in possession of the subject-matter, and the Cou~t finds that such possess'ion is wrongful, the Ooust may also order bim to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case, the Court may by order in the suit in which the decree has been made and not ooniplied with, rescind the contract, either so far as rcgnrds tho pa11ty in default, or altogether, as the justice of the case may require. IZlz~st~ations to (a) .-A sells a field to R. There is a right of way over the field of which A has direct personal knowledge, but which he conceals from B. B is entitled to have the contract rescinded. to (b).-A, an attorney, induces his client B, a Hind15 widow, to transfer property to him for the purpose of defrauding B's creditors. Here the parties are not equally in fault, and B i~ ontitled to have the instrument of transfer rescinded. 36. Rescission of a contract k+w&aag k+w&aag . . cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be 1.estored to substantially the same position as if the contract had not been made. Rescission 36. Rescission of a contract k+w&aag k+w&aag . . cannot '$ for mistake. be adjudged for mere mistake, unless the party Rescission '$ for mistake. `&Ib` `37.` A plaintiff instituting a suit, for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled ; and the Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly. Alternative prayer rescission for in , , specific performance. for in performance of a contract in writing may pray in the