Okla. Stat. tit. 12A § 2-720

Current through Laws 2024, c. 453.
Section 2-720 - Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach

Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.

Okla. Stat. tit. 12A, § 2-720

Laws 1961, p. 100, § 2-720.

Oklahoma Code Comment

Previous Oklahoma law is in accord. In Coyle v. Baum, 3 Okl. 695, 41 P. 389 (1895) the buyer purchased oats to feed his horses. It contained a poisonous substance, and several of his animals died. When the buyer discovered the presence of the injurious substance in the oats, he returned it to the seller and a pro rata portion of his purchase price was returned. The court held that this was not such a rescission as to bar him from recovery of damages. It was, at the most, a rescission of the unused portion, but not of the used portion which had caused the damage.