Southern Building & Loan Ass'n v. Bartee, 6 Div. 71.

• Court: Supreme Court of Alabama
• Writing for the Court: PER CURIAM.
• Citation: 139 So. 294,224 Ala. 276
• Parties: SOUTHERN BUILDING & LOAN ASS'N v. ESSIE BARTEE.
• Docket Number: 6 Div. 71.
• Decision Date: 14 January 1932

139 So. 294

224 Ala. 276

SOUTHERN BUILDING & LOAN ASS'N v. ESSIE BARTEE.

6 Div. 71.

Supreme Court of Alabama

January 14, 1932

Rehearing Denied Feb. 4, 1932.

Certiorari to Court of Appeals.

Lange, Simpson & Brantley, of Birmingham, for petitioner.

J. K. Taylor and Chas. W. Greer, both of Birmingham, for respondent.

PER CURIAM.

Petition of the Southern Building & Loan Association for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Southern Building & Loan Ass'n v. Essie Bartee, 139 So. 293.

Upon the question of rescission, argued by petitioner, we prefer to rest a denial of the writ upon the second reason stated in the opinion of the Court of Appeals under the cited case of Heide v. Capital Securities Co., 200 Ala. 397, 76 So. 313, to the effect that any offer to return the $3 "interest" or "dividend" received, would have been futile and an unnecessary ceremony-a question not involved or discussed in Americanized Finance Corp. v. Yarborough (Ala. Sup.) 135 So. 448, and Mutual Loan Soc. v. Letson, 202 Ala. 683, 81 So. 659, cited by petitioner.

Writ denied.

ANDERSON, C.J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.