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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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