Fanning v. Bogacki
Supreme Court of South Carolina
Before Moore, J., Barnwell, Spring term, 1918. Action by Rena Fanning and others against C. Y. Bogacki. Judgment for plaintiffs, and defendant appeals. submit: That plaintiffs cannot succeed in their claim for specific performance because they have failed to make out a contract or agreement by satisfactory proof of such a clear, definite and certain contract as entitled them to specific performance; and there was no effort made to prove any pari performance which might take…
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Before Moore, J., Barnwell, Spring term, 1918. Action by Rena Fanning and others against C. Y. Bogacki. Judgment for plaintiffs, and defendant appeals. submit: That plaintiffs cannot succeed in their claim for specific performance because they have failed to make out a contract or agreement by satisfactory proof of such a clear, definite and certain contract as entitled them to specific performance; and there was no effort made to prove any pari performance which might take the case out of the statute: 68 S. C. 254. The doctrine of equity that laches on the pari of these plaintiffs in…
1Opinion of the Court
The decree of the presiding Judge was as follows:
Decree: This is a suit in equity, the complaint in which alleges that in 1894 the land described in the complaint was sold by the master for Barnwell county in a partition suit among the plaintiffs, to which action W. H. Kennedy, holding two mortgages over the land, was made a party. That before said sale, the plaintiff, Mrs. Fanning, on behalf of herself and her children, had an oral agreement with C. Y. Bogacki, the defendant in this action, that he should buy in the land at this master’s sale and hold the same until, out of the rents, he…
2Cases cited12 opinions
- Hubbard v. Manhattan Trust Co.Court of Appeals for the Second Circuit · 1898
- Crosby v. Georgia Realty Co.Supreme Court of Georgia · 1912
- Jennings v. ParrSupreme Court of South Carolina · 1899
- Payne v. MeltonSupreme Court of South Carolina · 1903
- Kennedy v. HillSupreme Court of South Carolina · 1908
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3Cited by7 opinions
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- American Wholesale Corp. v. MauldinSupreme Court of South Carolina · 1924
- Parr v. ParrSupreme Court of South Carolina · 1977
- Board of Missions for Freedmen of Presbyterian Church v. DreherSupreme Court of South Carolina · 1937
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