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ROBESON-MARION DEVELOP. CO. v. POWERS CO.

19285

256 S.C. 583 (1971)

183 S.E.2d 454

ROBESON-MARION DEVELOPMENT CO., INC., et al., Appellants, v. POWERS COMPANY, INC., Respondent.

Supreme Court of South Carolina.

September 7, 1971.

Attorney(s) appearing for the Case

J.M. McLendon, Esq., of Marion, for Appellants.

W. Kenneth Eaton, Jr., Esq., of McGowan, Nettles & Kellar, P.A., of Florence, for Respondent.

September 7, 1971.

BRAILSFORD, Justice.

Respondent corporation contracted to buy within ninety days certain property which the appellants agreed to convey free of liens and encumbrances. One day prior to the day set for closing, which coincided with the expiration of the term, the buyer informed the sellers that it would be unable to comply for lack of funds. The sellers brought this action seeking a declaration of...

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