Scarborough v. Register

The opinion of the Court was delivered by

Mr. Justice Marion.

Appeal from a decree of Hon. T. J. Mauldin, Circuit Judge, ordering and requiring the specific performance of a contract for the sale of land. The defendant set up the defense that the contract was “speculative.” The essential facts of the case cannot be distinguished from those of the .case of Sumner v. Bankhead, 119 S. C., 78, 111 S. E., 891, to which facts this Court applied the doctrine announced in the case of Schmidt v. Whitten, 114 S. C., 245, 103 S. E., 553. The individual views of the writer are in entire accord with those…