Legal Opinion

Marvil Properties v. Fripp Island Development Corp.

Supreme Court of South Carolina

Decided September 10, 1979No. 21053PublishedCited by 12 opinions

1Opinion of the Court

Lewis, Chief Justice:

An agent for respondent Marvil Properties (Marvil) (a general partnership) entered into a contract, in the name of the partnership, with appellant Fripp Island Development Corporation (Fripp) for the sale by Fripp to Marvil of certain real estate. This action for specific performance of the sales agreement was brought by Marvil in the partnership’s name without naming the partners. Demurrer was interposed to the complaint on the ground, among others, that the plaintiff does not have legal capacity to sue. This appeal is from an order overruling the demurrer.

The…

2Cases cited3 opinions

  1. Chitwood v. McMillanSupreme Court of South Carolina · 1939
  2. White v. JacksonSupreme Court of South Carolina · 1969
  3. Lookout Mountain Medicine Co. v. Hare & Co.Supreme Court of South Carolina · 1900

3Cited by12 opinions

  1. Wayne Smith Construction Co. v. Wolman, Duberstein & ThompsonOhio Supreme Court · 1992
  2. Allied-General Nuclear Services v. Commonwealth Edison Co.Court of Appeals for the Fourth Circuit · 1982
  3. South Carolina Tax Commission v. ReevesSupreme Court of South Carolina · 1983
  4. Thompson v. WAYNE SMITH CONST. CO., INC.Indiana Court of Appeals · 1994
  5. Broom v. MarshallCourt of Appeals of South Carolina · 1985

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