Southern Building & Loan Ass'n v. Bartee
SOUTHERN BUILDING & LOAN ASS’N v. Essie BARTEE
Opinion of the Court
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, 24 Ala. App. 555 , 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 83 “interest” or “dividend” received, would have been futile and an unnecessary ceremony — a question not in *277 volved or discussed in Americanized Finance Corp. v. Yarborough, 223 Ala. 266 , 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.
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