Hammond v. Tilghman Lakes, Inc.
Hammond v. Tilghman Lakes, Inc.
Opinion of the Court
The dispositive question on appeal is whether the circuit court erred in finding Tilghman Lakes gave proper notice of default under the terms of the contract.
The contract called for closing on or before April 20,1985. The Lincks did not close on that date because the two institutions from which they sought purchase money loans refused to approve their credit. They concede that their failure to close on April 20, 1985, was an event of default under the contract. They argue, however, that Tilghman’s written notice of default was defective because it declared the contract to be in default for failure to obtain financing. Since failure to obtain financing is not made an event of default by the contract, the Lincks assert the notice was not effective.
The purpose of a notice of default is to give the party allegedly in default an opportunity to cure the default and meet his obligation. Wickahoney Sheep Company v. Sewell, 273 F. (2d) 767 (9th Cir. 1959). Notice of default also informs the defaulting party that the other is not waiving his right to performance of the contract. In the absence of a different agreement of the parties, the law will consider any notice sufficient if it accomplishes these purposes.
On May 8, 1985, Tilghman sent a written notice of default by registered mail. It unequivocally stated that Tilghman was holding the Lincks in default. The contract required no more. The Lincks knew they were in default for failure to close the transaction on April 20,1985. They knew the contract gave them five days after notice to cure the default. They did not do so. Since the notice of default was in the manner prescribed by the contract and was also sufficient as a matter of law, the circuit court correctly determined that Tilgman had given proper notice.
We have carefully considered the remaining issues raised by the Lincks’ exceptions. We find it unnecessary to address them as they are manifestly without merit. See Section 14-8-250, Code of Laws of South Carolina, 1976, as amended.
Affirmed.
Eulalie K. Hammond, Mrs. Linck’s mother, was originally a party to the sale. For reasons related to financing the purchase, her name was later removed from the contract, leaving the Lincks as purchasers. Hugh J. Skelley, Jr., an officer of Tilghman Lakes, is the person who eventually purchased the property after the Lincks defaulted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.