784. Misrepresentation as a defence to proceedings.

784.     Misrepresentation as a defence to proceedings.

Whenever a representee1 is entitled to rescission of a contract2, or other analogous relief, on the ground of misrepresentation, he is also in a position, if the representor3 seeks to enforce the contract against him, to set up the misrepresentation as a defence to the claim4, whether the proceedings instituted by the representor are brought to enforce the agreement directly, although not specifically, as in the case of a claim for money due under it5, or to enforce it indirectly, as in proceedings to recover damages6, or to enforce it