§ 19-32 Contract - Equitable Estoppel

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-32 Contract - Equitable Estoppel

Because of the holding in Gaymon v. Richland Memorial Hospital, 327 S.C. 66, 67, 488 S.E.2d 332, 333 (1997), no proffered charge is posited in the theory of equitable estoppel:

[I]n Knight v. Stroud, 212 S.C. 39, 46 S.E.2d 169 (1948), we specifically held a defense of equitable estoppel interposed in a law case should be tried by the court as an equitable issue. See also Atlantic and Charlotte Air Line Ry. Co. v. Victor Mfg. Co., 79 S.C. 266, 60 S.E. 675 (1908); Quattlebaum v. Taylor, 45 S.C. 512, 23 S.E. 617 (1896)(a defense based on estoppel is equitable in nature); and Floyd v. Floyd, 306 S.C. 376, 412 S.E.2d 397 (1991)(legal and equitable issues asserted in the same action are triable by

...