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Case stated by Bullitt & McDowell
Big Stone Gap Wise Co. Va

Terni Law for (...) & [Contract]
Authorities

As to the right of the vendor to make
time "of the essence of the contract" by giving
notice that he will rescind in default of pay-
ment on a day named.

"Even when a precise adherence to time is
not provided for by the terms of the original
bargain, either party will be entitled to
notify the other, of his intention to insist
on the punctual fulfilment of his
stipulations and to rescind it if they
are not fulfilled. And when this course
has been adopted by one who has been
guilty of no default, and who tenders
a [??] performance on his side, as
the equivalent for the demand made
on the other, equity will regard a
failure on the part of the latter, as prima
facie if not conclusive bar to specific
performance." 2 Miss. Insts. 895 (top); [??] [??] in Eq. V2 P2
n 33 citing Braishier vs. Gratz 4 Wheat. 528 Hatch
Cobb. 4 Jones ch. 559: Bowles v Woodson, 4 Grat. 75; Booten v. Scheffer 21 Grat. 474-491

The right of vendor to determine the con-
tract by an express notice that he will con-
sider it at an end unless the default of
the vendee is made good by an immediate
payment was also held in Rogers vs. Saun-
ders 16 Marine 92. (33 Am. De. 635). Hatch vs. Cobb 4 Johnsons
Chancery 559; [Bennington?] vs. Israel 7
Ohio; Jackson vs. [Ligien?] 3 Leigh 161, 188" if 33
see also Higly vs. Whitaker 8 Ohio 198