Legal Opinion

Payne v. Melton

Supreme Court of South Carolina

Decided July 28, 1903PublishedCited by 9 opinions

Before Buchanan, J., Greenwood, November, 1902. Action by Mrs. J. D. Payne against W. D. Melton, Sarah D. Melton, Tallulah Melton and Joseph Hughey. From order sustaining demurrer, plaintiff appeals. Mr. Grier cites: Is this action prematurely brought? 3 Ency., 1 ed., 104; 2 E. & B., 678; 2 Par. on Con., 8 ed., 780, 781; 29 L. E. U. S., 984; 21 Id., 107; 6 C. & B., 325; 7 Waits Act. & Def., 430. No printed argument.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The complaint sets out a contract made with plaintiff by the defendant, W. D. Melton, for the sale of a tract of land to plaintiff, evidenced by a receipt, of which the following is a copy:

“State of South Carolina, county of Greenwood. . Received of J. D. Payne the sum of $100.00 in part payment of all and singular that certain tract or parcel of land situate in Greenwood County, State aforesaid, containing and measuring 1801-2 acres, the further sum of $500.00 to be paid on or before December 1, 1902, and the balance of purchase…

2Cases cited2 opinions

Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
Moody v. BlakeMassachusetts Supreme Judicial Court · 1875

3Cited by9 opinions

Brooke v. Laurens Milling Co.Supreme Court of South Carolina · 1907
Miller v. JonesWest Virginia Supreme Court · 1911
Stein v. FrancisNew Jersey Court of Chancery · 1919
Fanning v. BogackiSupreme Court of South Carolina · 1919
McSwain v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1913

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