Page:United States Statutes at Large Volume 47 Part 1.djvu/1361

 72d CONGRESS. SESS. II. CII. 128. FEBRUARY 27, 1933 . SEC. 1643. PRINCIPLES OF REVISION :In revising a written instru- ment, the court may inquire what the instrument was intended to mean, and what were inten ded to be its l egal conse quenc es, and is not confined to the inquiry what the language of the instrument was intended to be. SEC. 1644. ENFORCEMENT OF REVISED CO NTRACT. -A contract may be first revi sed an d the n spe cific ally enfor ced. RESCI SSION OF C ONTRA CTS SEC. 1645 . WHEN RES CISS ION MAY BE ADJUDGED. - Th e rescission of when rescission may a written con tr act may be adjudged, on the appl icati on of a party be adjudged . aggrieved 1. In any of the cases mentioned in section 581 2. Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault 3. W hen the pu blic inter est w ill be pre judic ed by perm ittin g it to stand. CR OSS REFERENCES Canc ellat ion o f ins trume nts, see s ectio ns 10 48 et seq . Rescission of contracts by party thereto, see section 581. Ante, p. 1201. Rescission, how affected, see section 583. Ante, p. 1202. Rescission SEC. 1646. RESCISSION FOR MISTAKE.-Rescission can not be ad- take. judged for mere m istak e, unless the party against whom it is adjudged
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resto red to substantially the same position as if the contract is.a d not been made. SEC. 1648. WHEN CANCELLATION MAY BE ORDERED.-A w ritte n instrument, in respect to which there is a reasonable apprehension th at if le ft outstanding it may cause serious injury to a person against whom it is vo id or voidable, m ay, u pon his appli catio n, be so adjudged, and ordered to be delivered up or canceled . CROSS REFERENCES Canc ellat ion a nd al terat ion of instruments by parties thereto, see section s 584 et seq. Rescission of contracts, see sections 580 et seq. and 1045 et seq. SEC. 1650 . CANCELLATION IN PART .-Where an instru ment is evi- dence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue . 1337 Principles of revision . Enforcement vised contract. of re- Rescission of con- tracts. for mis- ORes s REF ERENC ES Mistake, see sections x'00 -et s e q. Ante, 11. 1193. Placing paw in status ,qno, see section 583. Ante, .p. 1902 Court may SEC . 1647 . COURT MAY RE QUIRE PA R T Y RESCINDING TO DO BQ`UITL- party rescding require On adjudging the rescission of a contract, the court nifty require doagn`ty . the party to whom such relie f is grant ed to ma ke any compensation to the other which justice may require. Cancellation of in. CANCELLATION OF INSTRUMENTS struments. When may he or- dered. Ante, p. 1202. Ante, p. 1201. In strum ents SEC. 1649. INSTRUMENTS OBVIOUSLY VO I D .-An instrument, the inva- ously void . lidity of which is apparent upon its face or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be dee med c apabl e of causi ng in jury, with in the pro visio ns of section 1648. Cancellation in part. obvi.