BROWN v. MIMS

18757

250 S.C. 546 (1968)

159 S.E.2d 247

Mr. Roberta BROWN, Respondent, v. Jake MIMS and Alma Cone Mims, Appellants.

Supreme Court of South Carolina.

February 7, 1968.


Attorney(s) appearing for the Case

Messrs. Rogers W. Kirven and Robert G. Knight, of Florence, for Appellants.

Messrs. Hyman, Morgan & Brown, of Florence, for Respondent.


February 7, 1968.

LEWIS, Justice.

This action for declaratory judgment involves the validity of a written lease of real estate, with option to purchase, entered into on or about September 24, 1956 between plaintiff-respondent, as owner and lessor, and defendant-appellant Jake Mims, as lessee. Upon concurrent findings of fact by the special referee and the circuit judge, the executory terms of the written instrument were declared void and of no effect because...

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