Rescission of Contract Upheld Despite Subsequent Acceptance of Goods

A lower court, finding that an individual had knowingly accepted goods that were the subject of a contract that was rescinded for non-payment, upheld the rescission and ordered the return of the goods, which the defendant appealed by arguing that accepting the goods constituted a waiver of the right to rescind. The high court rejected the appeal, reasoning that the acceptance of the goods subsequent to the contract's rescission did not inherently waive the right to enforce that rescission, as the act of accepting the delivered items did not nullify the prior valid ground for rescission based on the counterparty's non-performance.