Davenport v. Latimer
Supreme Court of South Carolina
Before Buchanan, J., Greenville, December, 1897. Action for specific performance of contract for sale of land by heirs of Irvine Davenport v. J. P. Datimer and Al- ' fred Johnson. cites: Complaint must allege compliance or offer to comply: 1 McC. Fq., 38; 3 S. C., 50; 21 S. C., 124. Incumbrance of which vendee had notice at time of purchase, no excuse for non-compliance: 1 DeS. Fq., 399. Vendee has waived defect of incumbrance: Rich. Fq., 432; 3 Strob. Fq., 16; 2 Rich.
Read the full summary
Before Buchanan, J., Greenville, December, 1897. Action for specific performance of contract for sale of land by heirs of Irvine Davenport v. J. P. Datimer and Al- ' fred Johnson. cites: Complaint must allege compliance or offer to comply: 1 McC. Fq., 38; 3 S. C., 50; 21 S. C., 124. Incumbrance of which vendee had notice at time of purchase, no excuse for non-compliance: 1 DeS. Fq., 399. Vendee has waived defect of incumbrance: Rich. Fq., 432; 3 Strob. Fq., 16; 2 Rich. Eq., 334. Vendor having parted with legal title, cannot perform: Bail. Eq., 371. Vendee abandoned contract: 1 S. C., 273.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action by the heirs at law of the vendee against the vendor and his subsequent grantee, for the specific performance of a contract to sell land. The contract is as follows: “That the said J. P. Datimer agrees to put the said Irvine Davenport, on January *5651st, 1891, iii possession of that tract of land, situated in Oak Lawn Township, Greenville, S. C., adjoining lands of AmandaDavenport, W. P. Culberson, Geo. Terry, and others, and containing twenty-six acres, more or less, and to convey said land to said Davenport by a good…
2Cited by9 opinions
- Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
- Childs v. ReedIdaho Supreme Court · 1921
- Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
- Williams v. McManusSupreme Court of South Carolina · 1912
- Alexander v. GreenfieldOhio Court of Appeals · 1951
4 more not listed; retrieve them via the Exa API.