145. Fraud, although discoverable, invalidates an agreement.

Fraud in inducing a person to enter into a partnership agreement is a ground for the rescission of the agreement1, and the fact that the claimant could have discovered the truth, for example by examination of the books, is not a bar to relief2; nor is the fact that there cannot be restitutio in integrum after the firm in which the interest has been acquired has become insolvent3. In a question of rescission of his contract by a partner on the ground of fraud or misrepresentation, there is no analogy, in the case of such insolvency, between the case