Windham v. Honeycutt

Ness, Justice:

This is an action for specific performance of a real estate contract brought by respondent buyer against appellant seller. The trial judge found the buyer entitled to specific performance. We affirm.

First, appellant asserts the trial court erred in hearing the matter in less than ninety days from the date of the initial pleadings in violation of Circuit Court Rule 26(7)(e). The record reveals appellant not only failed to object, but affirmatively agreed to the hearing date; she has thus waived and is estopped to pursue the issue. American Hardware Supply Co. v. Whitmire, S. C.,…