Legal Opinion · Concurrence

City of Orangeburg v. BUFORD

Supreme Court of South Carolina

Decided June 8, 1955No. 17015Published

1ConcurrenceBaker, Chief Justice

The evidence which the trial Judge excluded, upon objection by respondent, did not vary or contradict the terms of the lease, but was in explanation of “approximately 25 feet.” This testimony should have been admitted as it was competent to show the most advantageous and profitable use of appellant’s land.

The facts of this case do not justify or call for the application of the general rule as contained in those cases cited by Mr. Justice Oxner, to wit, Ex parte Moore, 161 S. C. 107, 159 S. E. 503; Peoples National Bank of Greenville v. Upchurch, 183 S. C. 147, 190 S. E. 515, 518. This…

2Cases cited2 opinions

  1. Ex Parte MooreSupreme Court of South Carolina · 1931
  2. Peoples Nat. Bank of Greenville v. UpchurchSupreme Court of South Carolina · 1937

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