because there is a questio 68, 492 N.Y.S.2d 921 (1985) (the fact that recipient has parted with the money is an insufficient excuse to forgive repayment); 70 Am.Jur.2d Payment § 114(c) (1987) (no defense where money has been paid to another or spent). 6 . See Pilot Life, 208 S.C. at 14, 36 S.E.2d at 863 (noting that repayment would be just provided there had been no change in position); 70 Am.Jur.2d Payment § 114(c) (1987) (“In general, where a payee has suffered a detriment or has materially and irrevocably changed his position to his prejudice in reliance on the payment and cannot be placed in the statu[s] quo, the payment cannot be recovered....”). 7 . 70 Am Jur.2d Payment § 114(c) (1987). 8 . Castock, 492 N.Y.S.2d 921. 9 . Cf. Brabham v. Crosland, 25 S.C. 525, 1 S.E. 33 (1886) (<HOLDING>). 10 . SSI Medical Services v. Cox, 301 S.C.
holding the real estate sale proceeds holding that in an agreement of sale in which time was of the essence and tender of deeds and of purchase money were expressly waived waiver of time is of the essence of the agreement would not result from a failure to tender because the parties had agreed that neither tender of deed nor tender of purchase money was required to put the other in default holding that plaintiff was entitled to sue under rule 10b5 for the difference between the price and the value received from the sale of the security where as here the evil is not the price at which plaintiff bought but the fact of being induced to buy holding that where the will did not provide the life tenant with the power to sell and it was not necessary to sell the property for the payment of estate expenses the life tenant was not entitled to the proceeds from the sale of the property instead the proceeds became a part of the residuary estate holding that where guardian received proceeds from the sale of real estate in confederate currency but it had not been paid over the ward assumed the risk in the loss of value as the currency was legal tender at the time it was received and the guardian was not responsible for the devaluation