Spencer v. National Union Bk. of Rock Hill

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

This case has been here before. 189 S. C., 197, 200 S. E., 721, 723. In disposing of the main question presented by that appeal, this Court held that the allegations of the amended complaint “unquestionably presented a case of election of the alternative remedy of specific performance in equity or damages at law for the breach” of the contract to reconvey certain realty, and affirmed the order of Judge Greene requiring the plaintiff to elect between the two remedies or causes of action. Thereafter, counsel for the defendants…