Legal Opinion

Shuler v. Williams

Supreme Court of South Carolina

Decided July 15, 1919No. 10247PublishedCited by 9 opinions

Before Rice, J., Aiken, Summer term, 1917. Action by J. T. Shuler against Robert Williams. Judgment for plaintiff and defendant appeals. submit: The usual warranty clause in a title is not a warranty of the quantity: 41 S. C. 199-201; 3 Strob. 203, 205; 1 Rich.

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Before Rice, J., Aiken, Summer term, 1917. Action by J. T. Shuler against Robert Williams. Judgment for plaintiff and defendant appeals. submit: The usual warranty clause in a title is not a warranty of the quantity: 41 S. C. 199-201; 3 Strob. 203, 205; 1 Rich. Rep. 417; 2 Speers 68; Rice’s Eq. 56-57; 13 S. C. 209; 98 S. C. 281; 85 S. C. 472-5; 98 S. C. 243; 9 Rich. 517. Written contracts are not to be changed by parol testimony: Jones on Evidence, p. 616, sec. 487; 1 McMull, p. 462; 82 S. C. 69; 34 S. C. 420; 13 S. C. 209; 2 Bailey 270; 13 S. C. 219; 98 S. C. 286; 106 S. C. 7; 64 S. C. 539;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The deed describes the lot conveyed thus:

“Bounded on the north by lot of S. J. Schuelhofer and measuring thereon one hundred (100) feet; bounded east on Laurens street and measuring thereon eighty (80) feet; bounded south on Richland avenue and measuring thereon one hundred (100) feet; bounded west on lot formerly of Joseph Russell, now of D. Rones, and measuring thereon eighty (80) feet.”

The expressed consideration named in the deed is $6,300. There was a formal general warranty. It turned out that the depth of the lot, that is to say…

2Cited by9 opinions

  1. Halsey v. Minnesota-South Carolina Land & Timber Co.Court of Appeals for the Fourth Circuit · 1928
  2. Liddycoat v. UlbrichtOregon Supreme Court · 1976
  3. Smyth v. BrunsonSupreme Court of South Carolina · 1920
  4. Wallace v. MobleySupreme Court of South Carolina · 1922
  5. Jamison v. ThackstonSupreme Court of South Carolina · 1922

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