Latimer v. Marchbanks

Citations

• 57 S.C. 267
• 35 S.E. 481
• 1900 S.C. LEXIS 19

Syllabus

<p>1. Practice. — No error in making final decree, without further testimony, upon coming in of surveyor’s report under previous order settling issues, nothing in return showing need of further testimony.</p> <p>2. Finding of Facts by Circuit Judge as to amount of land purchased sustained.</p> <p>3. Damages — Specific Performance. — Only such damages as may have been done to the freehold, and such compensation as may be just for the use and detention of the premises, are permissible in actions of specific performance.</p> <p>4. In Specific Performance the exact contract as alleged need not always be proved, but it is sufficient, if it is substantially proven.</p> <p>5. Estoppel. — A vendor knowing that vendee is clearing land and building a house on land thought by him to be within .the purchase, and not then objecting, is afterwards estopped from saying this land was not within the boundaries purchased.</p>