E. T. C. Corporation, Respondent v. Title Guarantee and Trust Company, Appellant

Summary

The Court held that in a legal action for rescission of a contract, the plaintiff must tender the consideration before filing suit when the consideration consists of certificates of value. Because the mortgage certificates were things of value, the respondent’s failure to return them barred its claim, and the trial court’s dismissal was affirmed. The Court also noted that an offer to return interest was not required.