The plaintiffs brought their action of replevin for the goods obtained of them through alleged fraudulent representations, in respect to the vendee’s solvency without returning his order on a third party for money given for the goods when they were delivered. The law is too well settled*to need the citation of authorities, that in order to rescind such a contract the vender must restore the vendee to his former condition by returning the consideration. The plaintiffs not having done this cannot maintain this action. Exceptions overruled.