A party may rescind a contract without the consent of the opposite party on the ground of nonperformance by that party but only when both parties can be restored to the condition in which they were before the contract was made.
History. Orig. Code 1863, § 2801; Code 1868, § 2809; Code 1873, § 2860; Code 1882, § 2860; Civil Code 1895, § 3712; Civil Code 1910, § 4306; Code 1933, § 20-907.