Murph v. Smoak
Supreme Court of South Carolina
Action by W. W. Murph against A. S. Smoak. From an order granting a reference, the defendant excepts and appeals. submits: That defendant having by his answer put plaintiff to strict proof of the execution of the alleged contract, the issue thus raised was one to be determined by a Court of law, and defendant was entitled to a trial by jury: 76 S. C. 168; 71 S. C. 286; 51 S. E. 39; 25 S. C. 72; 52 S. E. 230; 42 S- C. 192. submit: That there is no doubt that this cause is…
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Action by W. W. Murph against A. S. Smoak. From an order granting a reference, the defendant excepts and appeals. submits: That defendant having by his answer put plaintiff to strict proof of the execution of the alleged contract, the issue thus raised was one to be determined by a Court of law, and defendant was entitled to a trial by jury: 76 S. C. 168; 71 S. C. 286; 51 S. E. 39; 25 S. C. 72; 52 S. E. 230; 42 S- C. 192. submit: That there is no doubt that this cause is equitable in nature, and the Judge had discretion to refer: 27 S. C. 235; 98 S. C. 289. A defense to an equitable action,…
1Opinion of the Court
The opinion of the Court was delivered by
Mu. Chiee Justice Gary.
This is an action for specific performance, and the appeal is from an order of reference; the defendant contending that he was entitled to a trial by jury.
The complaint alleges that the plaintiff and the defendant entered into an agreement for the sale of the land therein described in February, 1919, on the following terms: The purchase price was $12,500, of which $1,000 was paid when the agreement was made; $6,000 was to be paid on the 1st of December, 1919, at which time the plaintiff agreed to convey the land in fee; the…
2Cases cited2 opinions
- Rainwater v. Merchants & Farmers BankSupreme Court of South Carolina · 1917
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
3Cited by2 opinions
- Aiken Mortgage Company v. JonesSupreme Court of South Carolina · 1941
- Spencer v. National Union Bk. of Rock HillSupreme Court of South Carolina · 1940