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CLONIGER v. CLONIGER

19569

261 S.C. 603 (1973)

193 S.E.2d 647

James C. CLONIGER, Respondent, v. Lamar W. CLONIGER, Appellant.

Supreme Court of South Carolina.

February 14, 1973.

Attorney(s) appearing for the Case

Messrs. Melvin L. Roberts, of York and Lourie & Draine, of Columbia, for Appellant.

Messrs. Robinson, McFadden, Moore & Pope, of Columbia, for Respondent

February 14, 1973.

BRAILSFORD, Justice:

In this controversy between two brothers concerning an alleged oral contract to convey land, the circuit court over-ruled the defendant's exceptions to the report of the special referee and decreed specific performance. The defendant has appealed on a number of exceptions, which challenge concurrent findings of the referee and circuit judge as to the existence of the contract and the sufficiency of plaintiff's performance...

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