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24 S.C. Eq. 418

Counts v. Clarke

Court of Appeals of South Carolina · decided 1851-05-15

Before Dunkin, Ch. at Barnwell, February, 1851. Dtjnkin, Ch. This is a petition to compel the specific performance of an agreement for the sale of three lots in the town of Clinton, formerly Blackville. It is charged that, on the 22d June, 1848, defendant agreed to sell the three lots to the plaintiff for one hundred and twenty-five dollars.

Decided 1851-05-15

Johnston, Ch.

¶1delivered the opinion of the Court.

¶2There was but one witness to contradict the answer, in any of the particulars to which it relates: — either as to the parol agreement, or as to the terms of the written agreement, — or the conditions upon which it was placed in the hands of Behling ; or as to the fact of the possession being taken under the agreement (whether considered as parol or written). The rule of evidence in this Court, therefore, necessarily compelled it to dismiss the bill; whatever might be its impressions as to the merits of the case.

¶3It is ordered that the decree be affirmed and the appeal dismissed.

Dunkin, Ch. concurred.

¶4Appeal dismissed.

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