82 Ala. 302 | Ala. | 1886
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Under this rule, the plaintiff should have offered, before the trial, to return the written obligation of the defendants, as a necessary part of the offer to rescind. He could not retain this,; and, at the same time,-insist on re-taking his property. — Evans v. Gale, 43 Amer. Dec. 614; Kimball v. Cunningham, 3 Amer. Dec. 230; Bishop on Contr. § 679; 1 Whart. Contr. § 285.
Reversed and remanded.