Kyser v. Southern Building & Loan Ass'n

Assumpsit for money had and received. All counts of the complaint, except special counts 3 and 4, were withdrawn by the plaintiff, after which the court sustained defendant’s demurrers to said counts 3’and 4, and the plaintiff thereupon moved for a nonsuit, which was granted.

The right of election to rescind a contract on the ground of fraud must be made within a reasonable time after discovery of the fraud. Whitworth v. Thomas, 83 Ala. 308, 3 So. 781, 3 Am. St. Rep. 725; 6 R. C. L. 935, § 317.

And the general rule is that the innocent party with his election to rescind must place the other…