A party who discovers facts that warrant rescission of a contract has a duty to act promptly.If he elects to rescind,he must notify the other party within reasonable time. 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 or within a reasonable time is tantamount to affirming the contract. The party who seeks rescission must return what he has received in substantially as good condition as it was when be received it. Since this remedy is an equitable one, it is subject to the usual maxims of courts of equity.