Oliver Wendell Holmes, Jr., Stein v. Tip-Top Baking Company…
“ But obviously the plaintiffs have a claim that cannot be dismissed as absurd, and on which they are entitled to the judgment of the Court. Their allegations are that on the unjustified refusal of the defendant to accept the Badex they rescinded the transaction, and they argue that when they did so their rights against the defendant became fixed and that what they may have done a year afterwards was wholly their own affair. The cases where instead of rescinding the seller sells for the buyer's account have no application. ”
