828. Affirmation of contract induced by two distinct misrepresentations.

828.     Affirmation of contract induced by two distinct misrepresentations.

Affirmation of a contract induced by two distinct misrepresentations with knowledge of the true facts as regards the one, but not as regards the other, does not debar the representee1 from relief2. Nor does the fact that the representee has claimed and recovered damages against one of two representors3 who are parties to the contract preclude him from obtaining rescission against the other, even though the representors are partners4. However, where the contract was induced by a single representation, and the representee, with knowledge