While members of a jury or another judge hearing the issues might find different results from the same evidence; nevertheless there was evidence to support the court's findings of fact, and we will not set it aside. See Code ยง 20-905; Nussbaum Dannenberg v. Ross, 50 Ga. 628, 629; Feagin v. Georgia-Carolina Investment Co., 63 Ga. App. 615, 619 ( 11 S.E.2d 813); Vlass v. Walker, 86 Ga. App. 742, 745 ( 72 S.E.2d 464); Atlanta Trailer Mart v. Warr, 98 Ga. App. 253, 254 ( 105 S.E.2d 600); Fulton Hospital v. McDonald, 106 Ga. App. 783, 785 (1, 2) ( 128 S.E.2d 539). 3. Nor did the court thereafter err in rendering conclusions of law that a rescission of the contract by mutual consent was effective and that there was sufficient consideration in the mutual promises and agreement of the parties that neither party could recover from the other as a result of the cancellation by mutual consent.
An oral agreement of rescission, executed by the return of the property to the seller and its acceptance by him, may be enforced. Feagin v. Georgia-Carolina Investment Co., 63 Ga. App. 615 (2) ( 11 S.E.2d 813). See also Planters Cotton-Oil Co. v. Bell, 54 Ga. App. 433 ( 188 S.E. 41). And it is not required that the agreement to rescind be made before or even at the time the property sold is delivered back to and accepted by the seller, for such agreement may be implied where the vendor accepts possession and thereafter exercises ownership and control of the property.