Since choses or things in action are only assignable subject to equities, including the equity to rescind, any representee1 who has become entitled to avoid a sale or transfer of a chose or thing in action as against the representor2 is normally also entitled to avoid it against any other person who claims under or through the representor by assignment3. However, where a contract for the sale of goods is voidable on the ground of misrepresentation on the part of the purchaser and before it is avoided the representor sells the goods to a third person who buys them
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