Legal Opinion

Campbell v. Virginia-Carolina Chemical Co.

Supreme Court of South Carolina

Decided April 19, 1904PublishedCited by 3 opinions

Before Watts, J., Charleston, April, 1903. Action by C. O. Campbell, trustee, against Virginia-Carolina Chemical Co. et al. From Circuit decree, the Virginia-Carolina Chemical Co. appeals. cite: As to duty of purchaser of trustee to see to investment of funds: Lewin on Trusts, 429, et seq.; 2 DeS. Eq-, 375; Speer Eq., 134; 24 S. C., 179, 487; 29 S. C., 278. As to validity of contract under statute of frauds: 21 S. C., 119; 16 S. C., 624; 33 S. C., 279; 13 Rich.

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Before Watts, J., Charleston, April, 1903. Action by C. O. Campbell, trustee, against Virginia-Carolina Chemical Co. et al. From Circuit decree, the Virginia-Carolina Chemical Co. appeals. cite: As to duty of purchaser of trustee to see to investment of funds: Lewin on Trusts, 429, et seq.; 2 DeS. Eq-, 375; Speer Eq., 134; 24 S. C., 179, 487; 29 S. C., 278. As to validity of contract under statute of frauds: 21 S. C., 119; 16 S. C., 624; 33 S. C., 279; 13 Rich. Eq., 250; 27 S. C., 363; 7 Rich. Eq., 384; 32 S. C., 533; 8 Rich., 247; Rice Eq., 109; 1 Hill Ch., 57; 1 Add. on Con., 14; Pom. on…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for the specific performance of an alleged contract for the sale of the phosphate mineral rights in a certain tract of land. The Circuit Court rendered a decree, in which it was held that the plaintiff was entitled to such performance of the contract.

The defendant appealed upon numerous exceptions, but his attorneys have grouped the questions presented by them as follows:

“1. Has the'would-be purchaser of real property held in trust, the right to demand that the proceeds of sale be reinvested, under the same trusts as…

2Cases cited2 opinions

  1. Hammond v. ForemanSupreme Court of South Carolina · 1897
  2. Price v. KrasnoffSupreme Court of South Carolina · 1901

3Cited by3 opinions

  1. Colleton Realty Co. v. FolkSupreme Court of South Carolina · 1910
  2. Holly Hill Lumber Co. v. Federal Land BankSupreme Court of South Carolina · 1931
  3. National Light & Thorium Co. v. AlexanderSupreme Court of South Carolina · 1908

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