815. Matters which must be proved.

With the exception of damage and, where the claim is for deceit, fraud1, all the facts and matters which must be alleged and proved in a claim for damages for misrepresentation must be similarly alleged and proved in proceedings for rescission2. The representee3 must further be prepared to show that the contract or transaction which he seeks to annul is an existing contract or transaction which, unless and until avoided, is valid and binding on the parties; for otherwise there is nothing in respect of which judicial intervention is required. The court can no more be asked to rescind