Fairey v. Strange Et Ux.
Supreme Court of South Carolina
Before Sease, J., Fairfield, September, 1919. Action by Thomas A. Fairey against C. E. and Louise Strange, on contract to sell real estate. From directed verdict for defendants,' the plaintiff appeals. cite: Where vendor contracts to sell land in which he knows at the time that he has no title, he is bound to make good to the vendee his loss by way of damages: 40 N. Y. 59; 100 Am. Dec. 463; 66 Am. Dec. 107; 6 Wheat. 109; 19 U. S. 109; 5 L. Ed. 218; 4 Am.
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Before Sease, J., Fairfield, September, 1919. Action by Thomas A. Fairey against C. E. and Louise Strange, on contract to sell real estate. From directed verdict for defendants,' the plaintiff appeals. cite: Where vendor contracts to sell land in which he knows at the time that he has no title, he is bound to make good to the vendee his loss by way of damages: 40 N. Y. 59; 100 Am. Dec. 463; 66 Am. Dec. 107; 6 Wheat. 109; 19 U. S. 109; 5 L. Ed. 218; 4 Am. Rep. 490; 21 Mich. 374; 20 Am. Rep. 677; 106 Am. St. Rep. 951; 42 N. Y. 175; 69 N. Y. 204 ; 3 Jones & S. 41; 57 N. Y. 160; 122 Am. St. Rep,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The plaintiff and the defendants entered into a contract, whereby defendants agreed to convey to the plaintiff a certain tract of land in Fairfield county. The contract was made in July, 1917, the deed to be delivered in December of that year. The tract of land to be conveyed had formerly been two tracts, to wit, the Rabb tract and the McCants tract. treated in the contract of sale as one tract. The defendant, C. E. Strange, had conveyed an interest in the McCants tract to his wife and children. When the plaintiff was called to the…
2Cited by6 opinions
- Doremus Ex Rel. Rentz v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1963
- Ex Parte Guaranty Bank & Trust Co.Supreme Court of South Carolina · 1970
- Des Champs v. MimsSupreme Court of South Carolina · 1928
- Cannon v. CannonSupreme Court of South Carolina · 1926
- Clarendon Holding Co. Ex Rel. DuRant v. WitherspoonSupreme Court of South Carolina · 1974
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