Lewis v. Premium Investment Corp.

568 S.E.2d 361 (2002)

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Lewis v. Premium Investment Corp.

South Carolina Supreme Court
568 S.E.2d 361 (2002)

SC

Facts

William Lewis (plaintiff) bought property from Premium Investment Corporation (defendant) pursuant to an installment sales contract. The contract provided for forfeiture at Premium’s option if Lewis defaulted on a payment. Approximately 12 years after the contract was signed, and after making 141 of the 182 required payments, Lewis stopped making payments. Approximately one year later, Premium mailed Lewis a letter cancelling the installment contract. Subsequently, Lewis sought to make additional payments to Premium, but Premium refused to accept them. Lewis brought suit seeking specific performance of the contract. The master-in-equity determined that Lewis had breached the contract and that Premium had the right to cancel the contract. The court of appeals reversed, finding that Lewis had an equitable right to redemption. Premium appealed.

Rule of Law

Issue

Holding and Reasoning (Burnett, J.)

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