Q.

A entered into a contract of sale over B’s house and lot but since there is a balance which remained unpaid, A executed a mortgage over the house and lot. A failed to pay. Can B rescind the contract?

A. Yes, because of material and substantial breach;
B. Yes, because there was delay in the payment of the price;
C. No, because the relationship is no longer that of buyer and seller, but mortgagor and mortgagee.
D. No, because the remedy is to foreclose the mortgage, rescission not being the principal remedy, but merely subsidiary.
Answer» D. No, because the remedy is to foreclose the mortgage, rescission not being the principal remedy, but merely subsidiary.
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