Legal Opinion

Colleton Realty Co. v. Folk

Supreme Court of South Carolina

Decided March 3, 1910No. 7462PublishedCited by 10 opinions

Before Watts, J. Bamberg, Winter term, 1909. Action by Colleton Realty Company against John F. Folk. From judgment on order of nonsuit, plaintiff appeals. cites: Several and separate writings may be construed together to make out a contract: 48 S. C., 496; 33 S. C., 367; 29 S. C., 533. Oral evidence is competent to describe or locate the thing in action: 48 S. C., 506; 33 S. C., 367; 29 S. C., 533. So the conference between the parties as to the loan: 16 S. C., 357; 27 S.…

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Before Watts, J. Bamberg, Winter term, 1909. Action by Colleton Realty Company against John F. Folk. From judgment on order of nonsuit, plaintiff appeals. cites: Several and separate writings may be construed together to make out a contract: 48 S. C., 496; 33 S. C., 367; 29 S. C., 533. Oral evidence is competent to describe or locate the thing in action: 48 S. C., 506; 33 S. C., 367; 29 S. C., 533. So the conference between the parties as to the loan: 16 S. C., 357; 27 S. C., 377; 41 S. C., 162; 17 Cyc., 477.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The Colleton Realty Company brought this action against John F. Folk for damages for failure to comply with an alleged contract for the pur chase of land. The Circuit Court made an order of nonsuit, holding that there was no evidence that the defendant had entered into a contract to purchase; and the appeal is from this order.

The evidence was mainly documentary. The plaintiff had a valid option contract with H. Ehrhardt in writing, by which Ehrhardt agreed to accept for a tract of land, containing eight hundred and thirty-five acres,…

2Cases cited3 opinions

  1. Boozer v. TeagueSupreme Court of South Carolina · 1887
  2. Raysor v. Berkeley County Railway & Lumber Co.Supreme Court of South Carolina · 1887
  3. Campbell v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1904

3Cited by10 opinions

  1. McLaurin v. HamerSupreme Court of South Carolina · 1932
  2. Franklin Sugar Refining Co. v. EgertonCourt of Appeals for the Fourth Circuit · 1923
  3. Northwestern Consolidated Milling Co. v. AllebachSuperior Court of Pennsylvania · 1923
  4. Craven v. WilliamsDistrict Court, D. South Carolina · 1969
  5. Blocker v. HundertmarkSupreme Court of South Carolina · 1944

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