
    Robert McBratney, Resp’t, v. William C. Heydecker, App’lt.
    
      (New York Common Pleas, General Term,
    
    
      Filed May 17, 1894.)
    
    Contract—Rescission.
    A contract cannot be rescinded by one party, where the other party, though not intending to fulfil at one time, does so thereafter within the time limited by the contract.
    Appeal from a judgment of the district court in the city of New York for the first judicial district.
    
      Welch & Daniels, for app’lt; Henry B. Kinghorn for resp’t.
   Per Curiam.

This action was brought for a breach of contract. The evidence seems to be uncontradicted that the contract to pay the sum of thirty dollars was made directly between the plantiff^and the son of the lessee who was also her agent. He had a right to make a personal contract of the nature under consideration, and would be bound by its terms if it was performed. There may be some question as to whether or not at one time the respondent intended to fulfill, but the fact appears without contradiction that he did thereafter and within the time limited by the contract, fulfil all its terms. Hence there could be no rescission of it as argued by the appellant, and he became entitled to the money which was promised by appellant, and therefore the judgment should be affirmed, with costs.  