Prater v. Prater
Supreme Court of South Carolina
Before Prince, J., Saluda, August, 1912. Action by Mary E. Prater et al. against Dollie E. Prater ct al. Plaintiffs appeal.
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Before Prince, J., Saluda, August, 1912. Action by Mary E. Prater et al. against Dollie E. Prater ct al. Plaintiffs appeal. The Circuit decree is: “This is a suit in equity brought by the plaintiffs to compel the defendants, Dollie E. Prater, individually, and James M. Prater, in his own right and as executor of the last will of M. A. Prater, deceased, to specifically perform an agreement alleged to have been- made between the said M. A. Prater and the plaintiff, Mary R. Prater, and her husband, Drayton Prater; now deceased, wherein and whereby it was agreed that if the plaintiff, Mary R.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
The facts in this case are fully stated, in the decree of his Honor, the Circuit Judge, which will be reported.
After finding that the contract alleged in the complaint had been established by the testimony, the Circuit Judge says: “The question arises : Elave the plaintiffs shown by the greater weight of the evidence, their right to have the contract herein enforced? This involves the answers to the following" questions: First, Was M. A. Prater absolved from carrying out the contract, by the "death of Drayton Prater, in his…
2Cited by7 opinions
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- Harmon v. AughtrySupreme Court of South Carolina · 1955
- Rape v. LyerlyCourt of Appeals of North Carolina · 1974
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