Legal Opinion

Jackson v. Rogers

Supreme Court of South Carolina

Decided June 26, 1918No. 10001PublishedCited by 3 opinions

Before Spain, J., Marlboro, Summer term, 1917. Action by A. S. Jackson, for specific performance of a contract, against A. E. Rogers and W. E. Rogers. From decree for plaintiff, defendants appeal. The contract reads as follows: “Rent Contract.

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Before Spain, J., Marlboro, Summer term, 1917. Action by A. S. Jackson, for specific performance of a contract, against A. E. Rogers and W. E. Rogers. From decree for plaintiff, defendants appeal. The contract reads as follows: “Rent Contract. Memorandum agreement between A. E. and W. E. Rogers, party of the first part, and A. S. Jackson, party of the second part, made and entered into this 18th day of October, 1912, witnesseth: “(1) That the said A. E. and W. E. Rogers in consideration of $125.00 payable October 15, 1913, agrees to rent unto the said A. S. Jackson, the following lands in the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The action is for specific performance of a written contract to sell land; it is by Jackson; who agreed to buy, and against Rogers, who agreed to sell. The master and Circuit Court found for the plaintiff, and the defendant has appealed.

There are fourteen exceptions, but there are not nearly so many issues; the appellant has argued only three questions. They are these: (1) That the contract rightly read does not entitle the plaintiff to now have a conveyance of the land; (2) that the plaintiff has lost his right by the failure to…

2Cases cited1 opinion

  1. Cape Fear Lumber Co. v. SmallSupreme Court of South Carolina · 1910

3Cited by3 opinions

  1. MacCaro v. Andrick Development Corp.Court of Appeals of South Carolina · 1984
  2. Moore v. MaesSupreme Court of South Carolina · 1949
  3. Sou. Silica Mining Mfg. Co. v. HoeferSupreme Court of South Carolina · 1949

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