Jacobs v. Harman

The appellant partnership initiated this action for specific performance of an option to purchase real estate. The trial judge denied the appellant’s Motion to Strike portions of the respondent’s Answer and overruled the appellant's objections to the repondent’s Requests for Admissions.

The parties assert that this Court has jurisdiction over the appeal from the denial of the Motion to Strike because it is in the nature of a demurrer. Thomas v. Colonial Stores, Inc., 236 S. C. 95, 113 S. E. (2d) 337 (1960). The Thomas rule does not apply to this equitable action for specific performance. The…