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Campbell v. Carr

South Carolina Court of Appeals
603 S.E.2d 625 (2004)


Martha Carr (defendant) inherited a 108-acre tract of land in 1996. Carr had suffered from schizophrenia and depression since 1986. Individuals with schizophrenia could experience delusions and hallucinations and display grossly disorganized or catatonic behavior. Additionally, schizophrenia caused disorganized thinking. Raymond Campbell (plaintiff) and his wife had leased the inherited property for approximately 30 years. Before selling the property, Carr contacted the Campbells to ask about the sale price of the land, and the Campbells responded that the tax assessor’s agricultural assessed value of the land was $54,000. The Campbells did not disclose that the tax assessor had calculated the fair market value of the property at $103,700. The lower assessment was used as long as the property was being used for agricultural purposes. Carr entered into a written contract to sell the property to the Campbells for $54,000. However, Carr later felt that the price was unfair and refused to close on the transaction. Carr then conveyed an undivided one-half interest in the inherited property to her cousin, Ruth Glover (defendant). The lender for the Campbells noted that the property would likely sell for 25 to 40 percent higher than the tax assessor’s fair-market-value assessment. Campbell sued Carr and Glover, seeking specific performance of the contract. A real-estate expert testified that the fair market value of the property was $162,000. The trial court granted specific performance to Campbell, and Carr and Glover appealed to the South Carolina Court of Appeals.

Rule of Law


Holding and Reasoning (Anderson, J.)

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