Can a plaintiff obtain a cause of action for rescission based on unlawful consideration against an executory contract?
California, United States of America
The following excerpt is from Tippett v. Terich, 37 Cal.App.4th 1517, 44 Cal.Rptr.2d 862 (Cal. App. 1995):
Civil Code section 1689, the basis for rescission based on unlawful consideration, does not distinguish between executory and executed contracts. (Engle v. Farrell (1946) 75 Cal.App.2d 612, 617-618, 171 P.2d 588.) Thus, as a matter of pleading, the trial court erred because a cause of action for rescission was available to plaintiff.
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