· 7/23/2001
South Carolina Department of Natural Resources v. Town of McClellanville
Citations
- 550 S.E.2d 299
- 345 S.C. 617
- 2001 S.C. LEXIS 136
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court will not examine extrinsic evidence to interpret a contract absent an ambiguity
- holding that courts may admit extrinsic evidence only after they decide a contract is ambiguous
- holding that an action to enforce restrictive covenants by injunction is in equity
- holding that an action seeking an injunction to enforce restrictive covenants sounds in equity and, therefore, this Court may make findings according to its own view of the preponderance of the evidence
- holding that once the court decides the language of the instrument is ambiguous, evidence may be admitted to show the grantor's intent, the determination of which is then a question of fact
- holding that a contract is ambiguous when the terms of the contract are reasonably susceptible to more than one interpretation and that once the court decides that the language is ambiguous, the determination of the parties’ intent is then a question of fact
Source: CourtListener parenthetical corpus (CC0).
Judges: Burnett, Toal, Moore, Waller, Pleicones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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