Jones v. Williams
Supreme Court of South Carolina
Before Shipp, J., Florence, April, 1915. Action by Ella F. Jones against A. H. Williams and others. From an adverse decree, plaintiff appeals. cite: As to variation in contract: Story Eq; Juris., sec. 775; 36 Cyc. 644, 699, 700, 625. Modification of contract: 56S. C. 259; 57 S. C. 279. cites: As to res adjudicata: 89 S. C. 754; and further submits: The defense of bad faith on plaintiff’s part should have been sustained: 94 S. C. 16; 16 Cyc. 144; 38 S. C. 228; 21 Enc.
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Before Shipp, J., Florence, April, 1915. Action by Ella F. Jones against A. H. Williams and others. From an adverse decree, plaintiff appeals. cite: As to variation in contract: Story Eq; Juris., sec. 775; 36 Cyc. 644, 699, 700, 625. Modification of contract: 56S. C. 259; 57 S. C. 279. cites: As to res adjudicata: 89 S. C. 754; and further submits: The defense of bad faith on plaintiff’s part should have been sustained: 94 S. C. 16; 16 Cyc. 144; 38 S. C. 228; 21 Enc. PI. & Prac. 61. The defense of laches should have been sustained: 89 S. C. '574; 36 Cyc. 695; 14 S. C. 434.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
This cause has been hither twice before. 89 S. C. 576, 72 S. E. 546, and 94 S. C. 16, 77 S. E. 710. There is no present need, therefore, to recite all the circumstances which gave rise to the litigation.
The appellant’s counsel states in his argument that he makes only one issue, to wit:
“Where A agreed to convey a certain lot of land to B for a certain consideration, and all the elements that would entitle B to a decree of specific performance against A were present, except that B could not produce the consideration originally agreed…
2Cases cited1 opinion
- Jones v. A. H. Williams & Co.Supreme Court of South Carolina · 1911