McLAUCHLIN ET AL. v. GRESSETTE ET AL.

16799

224 S.C. 296 (1953)

79 S.E.2d 149

McLAUCHLIN ET AL. v. GRESSETTE ET AL.

Supreme Court of South Carolina.

November 12, 1953.


Attorney(s) appearing for the Case

Messrs. L. Marion Gressette, of St. Matthews, and Charles B. Elliott, of Columbia, for Appellants.

Messrs. T.P. Taylor and Isadore S. Bernstein, of Columbia, for Respondents.


The following is the order of Judge Brailsford:

This action to enforce specific performance of an alleged oral contract to devise real estate is before me on exceptions by plaintiffs to the report of Honorable C.E. Summers, Special Referee, which recommended dismissal of the complaint, principally upon the ground that the alleged contract has not been established by testimony which is "clear, strong and convincing".

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