Sims v. City of Birmingham

On Rehearing.

FOSTER, Justice.

It is well settled, as pointed out above, that to rescind a land sale contract for the failure of the other party, the party complaining of such failure must call upon the other to perform and give him a reasonable time after notice in which to comply or be foreclosed. Bay Minette Land Co. v. Stapleton, 224 Ala. 175, 139 So. 342; Elliott v. Howison, 146 Ala. 568(8), 40 So. 1018; J. M. Ackley & Co. v. HunterBenn & Co.'s Co., 166 Ala. 295, 51 So. 964; Stafford v. Colonial Mortgage & Bond Co., 221 Ala. 636, 130 So. 383.

It is contended that if this principle is here…