Cash v. Maddox

220 S.E.2d 121 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps lived in Florida. They telephoned Ds who lived in Georgia and discussed the purchase of 15 acres of land owned by Ds. The only written evidence of the contract is a check mailed by Ps for Two Hundred Dollars as part payment. Written on the check was '15 acres in Pickens, S.C., land binder, 30 days from date of check to June 3, 1970.' D endorsed and cashed the check. Ds then backed out of the deal as they did not wish to sell as it would cause trouble in their family. They returned the money which Ps refused. Ps sued Ds for specific performance. There was testimony Ds owned a 76-acre tract of land in Pickens County, of which 15.6 acres was south of the Pickens-Greenville highway, outside of the city limits of the town of Pickens. The court found for P and ordered specific performance. Ds appealed.