Legal Opinion

Cape Fear Lumber Co. v. Evans

Supreme Court of South Carolina

Decided April 30, 1904PublishedCited by 10 opinions

Before Dantzler, J.,. Marion, August, 1902. Action by Cape Rear Number Co. against William Evans, H. J. Matheson and Tilghman Number Co. From Circuit decree, plaintiff appeals. Mr. Boucher cites: As to what is an option cmd its enforcement: the same authorities aS cited on this point in preceding case. Matheson is estopped from setting up his mortgage against plaintiff: 4 Am.

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Before Dantzler, J.,. Marion, August, 1902. Action by Cape Rear Number Co. against William Evans, H. J. Matheson and Tilghman Number Co. From Circuit decree, plaintiff appeals. Mr. Boucher cites: As to what is an option cmd its enforcement: the same authorities aS cited on this point in preceding case. Matheson is estopped from setting up his mortgage against plaintiff: 4 Am. Dec. in Ecp, 301; 56 S. C., 478; 32 S. C., 526. Doctrine of constructive notice as applied to options: 53 Am. Dec., 526. cites: Scwne authorities as cited by him for appellant in previous case. As to proof of…

1Opinion of the Court

The opinion of the Court was delivered by

Judge Ernest Gary,

acting Associate Justice in place of Justice Woods, disqualified. -This is an action instituted by the plaintiff for the specific performance of a contract commonly denominated an option. The complaint, after the general allegations of its incorporation and that of the defendant, Tilghman Lumber Company, alleges that the defendant, Evans, being the owner of certain lands therein described, situate in Marion County, on the 21st day of November, 1898, for a valuable consideration, executed and delivered to- the plaintiff an instrument…

2Cases cited1 opinion

  1. Bulwinkle & Co. v. Cramer & BlohmeSupreme Court of South Carolina · 1887

3Cited by10 opinions

  1. Arthur v. BrownSupreme Court of South Carolina · 1912
  2. Parham-Thomas-McSwain, Inc. v. Atlantic Life InsuranceSupreme Court of South Carolina · 1918
  3. Smith & Furbush MacHine Co. v. JohnstonSupreme Court of South Carolina · 1915
  4. Eureka Elastic Paint Co. v. Bennett-Hedgpeth Co.Supreme Court of South Carolina · 1910
  5. Coward v. BoydSupreme Court of South Carolina · 1908

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