Legal Opinion

National Light & Thorium Co. v. Alexander

Supreme Court of South Carolina

Decided April 11, 1908No. 6859PublishedCited by 3 opinions

Before Gage, J., Greenville, July, 1907. Action by National Eight and Thorium Company against J. E. Alexander. From judgment for defendant, plaintiff appeals. cite: There is. sufficient consideration for the contract: Rich. Ecp Cas., 15; Clarkson Con., Sec. 33. The court zvill require specific performance of a contract in writing, signed, sealed! and delivered: 57 S. C., 559; Wat. Spec.

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Before Gage, J., Greenville, July, 1907. Action by National Eight and Thorium Company against J. E. Alexander. From judgment for defendant, plaintiff appeals. cite: There is. sufficient consideration for the contract: Rich. Ecp Cas., 15; Clarkson Con., Sec. 33. The court zvill require specific performance of a contract in writing, signed, sealed! and delivered: 57 S. C., 559; Wat. Spec. Rev., Secs. 3, 16, 19; 3 S. C., 168; 36 Ency., 130, 131, 87, 105; 49 E. R. A., 497; 60 S. C., 440; 48 S. C., 175; 69 S. C., 87; 18 Ency., 603; 145 U. S., 459; 3 Pom. Bq. Jur., Sec. 965; 34 Ency., 647; 1 Rich.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for specific performance and for damages. The case was tried before a jury. At the conclusion of the defendant’s testimony the plaintiff withdrew its claim for damages, and asked the Court to pass an order enjoining the defendant from interfering with the plaintiff, in exercising the rights and privileges conferred by the contract, and requiring the defendant to perform specifically his part of the contract, and to account for the monazite mined by him after the agreement had been executed.

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2Cases cited2 opinions

  1. Hammond v. ForemanSupreme Court of South Carolina · 1897
  2. Campbell v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1904

3Cited by3 opinions

  1. Seaboard Air Line Railway Co. v. JonesSupreme Court of South Carolina · 1922
  2. National Light & Thorium Co. v. AlexanderSupreme Court of South Carolina · 1910
  3. Seaboard Air Line Railway Co. v. JonesSupreme Court of South Carolina · 1922

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