Cape Fear Lumber Co. v. Small
Supreme Court of South Carolina
Before Gage, J., Marlboro, Spring term, 1909. Action by Cape Bear Lumber Company against Adeline Small and Tilghman Lumber Company.
Read the full summary
Before Gage, J., Marlboro, Spring term, 1909. Action by Cape Bear Lumber Company against Adeline Small and Tilghman Lumber Company. From judgment for plaintiff, defendants appeal on following exceptions: Exception I. “His Honor, the presiding Judge, erred, it is respectfully submitted, in holding that Mrs. Small was bound to execute a deed because Cape Fear Lumber Company had, previous to the expiration of the time limit named in the option, expressed its intention to pay the purchase price and take deed for the timber in question. He should have held that the instrument in writing was a…
1Opinion of the Court
The opinion of the Court was delivered by
Judge Ernest Gary, in place of Mr. Justice Woods, disqualified.
The nature of this action will appear from the following statement, set out in the record
“This action was begun in 1899, to require of the defendant, Adeline Small, the specific performance of a contract, given by her to the plaintiff, for the sale of timber on a certain tract of land in Marlboro county; this contract being what is commonly known as a timber option, and to have a certain conveyance made by the defendant, Adeline Small, to the defendant, Tilghman Lumber Company, for the…
2Cited by4 opinions
- Jackson v. RogersSupreme Court of South Carolina · 1918
- Malone v. KirkleyIndiana Court of Appeals · 1948
- McCall Co. v. Hobbs-Henderson Co.Supreme Court of South Carolina · 1927
- Carter v. SillCalifornia Court of Appeal · 1923