Legal Opinion
Brazell v. Windsor
Supreme Court of South Carolina
Decided September 8, 2009No. 26715PublishedCited by 11 opinions
1Opinion of the CourtChief Justice Toal
Petitioners filed a breach of contract action against Respondent arising out of a purchase contract for the sale of a home and sought rescission of the entire contract. The trial court granted Respondent’s 12(b)(6), SCRCP, motion to dismiss the remedy of rescission and the court of appeals affirmed. We granted a writ of certiorari to review that decision and now reverse.
Factual/Procedural Background
On October 20, 2004, Petitioners and Respondent entered into a sales contract for the purchase of a home located on Edisto Island. The closing took place on November 30, 2004. Although neither…
2Cases cited7 opinions
- Ellie, Inc. v. MiccichiCourt of Appeals of South Carolina · 2004
- King v. OxfordCourt of Appeals of South Carolina · 1984
- Gentry v. YonceSupreme Court of South Carolina · 1999
- Rogers v. Salisbury Brick Corp.Supreme Court of South Carolina · 1989
- In Re BarbareSupreme Court of South Carolina · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Inglese v. BealCourt of Appeals of South Carolina · 2013
- Cricket Cove Ventures, LLC v. GillandCourt of Appeals of South Carolina · 2010
- Palmetto Mortuary Transp., Inc. v. Knight Sys., Inc.Supreme Court of South Carolina · 2018
- Zan, LLC v. Ripley Cove, LLCCourt of Appeals of South Carolina · 2013
- Hhhunt Corp. v. Town of LexingtonCourt of Appeals of South Carolina · 2010
6 more not listed; retrieve them via the Exa API.