Dominey v. Johnson-Brown Co.

The rule is well under-

stood, and frequently expressed, that when there is a contract for the sale of articles of merchandise and some are delivered, but the purchaser fails to pay for them as stipulated, the seller has an election to rescind the contract for such failure, and, if he so elects and complies with the duties enjoined upon him by law in such event, he may refuse to make further deliveries. Lysle Milling Co. v. N. A. Gro. Co., 201 Ala. 222, 77 So. 748; Hieronymus v. Bienville, Water S. Co., 131 Ala. 447, 31 So. 31; Drake v. Goree, 22 Ala. 409; Ackley & Co. v. Hunter-Benn & Co.’s…