Holk v. Snider

ON REHEARING.

FAULKNER, Justice.

Mrs. Snider states in her brief on application for rehearing that time was of the essence of the option; that the court held time was not the essence of the option in this case.

Mrs. Snider cites National Security Insurance Company v. Stewart, 43 Ala.App. *322274, 188 So.2d 774 (1965) and Murphy v. Schuster Springs Lumber Co., 215 Ala. 412, 111 So. 427 (1926) as saying “the period of time in the case of an option is of the essence of the agreement.” In Murphy Tustice Somerville said in reference to an option that time is ordinarily of the essence and should be…