so that rescission may be accomplished when parties may still be restored, as nearly as possible, to their original positions. a party entitled to rescission may either avoid the contract or affirm it. once he makes his choice, he may not change it. failure to rescind within a reasonable time is antamount to affrming the contract. the party who seeks rescission must return what he has received in substantially as good condition as it was when he received it. Since this remedy is an equitable one,it is subject to the usual maxims of courts of equity.