Supreme Court of South Carolina, 1941

Finklea v. Carolina Farms Co.

Supreme Court of South Carolina · Decided March 8, 1941 · <italic>Per Curiam.</italic>

13 S.E.2d 596; 196 S.C. 466; 1941 S.C. LEXIS 139 (South Eastern Reporter, Second Series)

Counsel

Messrs. M.L. Meadors and McEachin Townsend for appellant, cite: Agency: 13 A.J., 1030; 14a C.J., 347; 190 S.E., 117 . As to proof of existence of corporation: 15 R. C.L., 1117; 53 S.C. 583 ; 31 S.E., 673 . Messrs. Dargan Paulling and Royall Wright for respondent, cite: Prerequisites to suit for specific performance: 134 S.C. 54 ; 131 S.E., 319 ; 77 S.C. 211 ; 57 S.E., 837 ; 84 S.C. 265 ; 66 S.E., 120 ; 105 S.C. 178 ; 89 S.E., 639 ; 109 S.C. 255 ; 95 S.E., 513 .

Opinion of the Court

March 8, 1941. We have painstakingly studied the record and briefs of counsel in this case, and have reached the conclusion that the decree of Honorable L.D. Lide, Judge of the Twelfth Circuit, dated September 17, 1940, correctly decided all issues of law and fact.

The said decree of Judge Lide will be reported as the opinion of this Court; and in so doing, the word "right," first word on line three of page 196 of the Transcript of Record,[2] will be changed to "outright," it clearly appearing that the use of the word "right" was a clerical error in the reporting of the decree.

All exception are overruled.

MR. CHIEF JUSTICE BONHAM, MESSRS. JUSTICES BAKER and FISHBURNE and MR. ACTING ASSOCIATE JUSTICE J. STROM THURMOND concur. *Page 474

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