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Tag Archives: Contract

Contract – Real Property – Agent’s Commission – Buyer Not ‘Able’ (access required)

C. S. E. Enterprises, Inc. v. Lemons Even though the plaintiff-real estate agent found a potential buyer who owned several nearby properties and said he was ready, willing and able to buy the 15-acre tract of waterfront property at issue, the buyer intended to immediately resell (flip) the property. When the buyer could not find anyone to resell to, he backed out of the deal; in fact, he never had the money (ability) to buy the property at issue. Plaintiff was not entitled to a commission because the buyer he found might have been ready and willing, but he was not able to buy the property. We modify and affirm the master-in-equity's ruling in favor of the seller.

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Contract – Prejudgment Interest – State Construction Project – S.C. Code Ann. § 34-31-20 – Notice Requirement (access required)

EllisDon Construction, Inc. v. Clemson University. Even though the parties' contract did not designate a numeric value for the interest rate applicable to late payments, since the contract incorporated a statute that determines the interest rate, the plaintiff-contractor is not entitled to prejudgment interest under S.C. Code Ann. § 34-31-20(A) because ...

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Contract – Subject-Matter Jurisdiction – Breach of Contract – Rule 12(b)(1) & (6) – Negligent Misrepresentation – Alternative Theories of Recovery (access required)

Trevillyan v. APX Alarm Security Systems, Inc. The plaintiffs were not required to exhaust administrative remedies, since the Alarm Systems Business Act did not mandate the exhaustion of administrative remedies nor did it supersede or constitute . . .

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