Farrow v. Sims

On Second Motion for Rehearing

In their original briefs both appellant and appellees argued fully the question of the right of Cora Stallings, Independent Executrix, to rescind the contract of sale because appellees had not finished payment of the purchase price. However little or no attention was paid in the briefs of the parties to the question whether appellees, before being awarded the legal title, should be required to tender the balance of the purchase price. The latter question has received full treatment for the first time in appellant’s second motion for rehearing and appellee’s reply…