Weathersbee v. Green
Court of Appeals of South Carolina
BEFOEE WHITNEE, J.,-AT BAENWELL, SPEING- TEEM, 1856. The report of his Honor, the presiding Judge, is as follows: “ Plaintiff’s demand was admitted, being a note for three hundred and fifty dollars, drawn by defendant, 4th September, 1854, at one day after date.
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BEFOEE WHITNEE, J.,-AT BAENWELL, SPEING- TEEM, 1856. The report of his Honor, the presiding Judge, is as follows: “ Plaintiff’s demand was admitted, being a note for three hundred and fifty dollars, drawn by defendant, 4th September, 1854, at one day after date. “Defendant set up a discount founded on an agreement in writing, a copy of which accompanies this report.* “ Under this agreement plaintiff had cut and hauled away one hundred and eleven trees of the description set forth, and for them the defendant was allowed at the. rate of one dollar and fifty cents per tree, with interest as…
1Opinion of the Court
The opinion of the Court was delivered by
Whitner, J.
The discount offered by defendant was founded on an entire contract, and the range of inquiry proper for the jury was too much restricted by the construction given to it by the Judge on Circuit.
The actual damage occasioned by the failure of plaintiff to perform his part of the contract, constituted the true measure. An impression that the verdict may not have been varied on the case made, even on a more enlarged inquiry, may not be well founded; because we cannot see this with certainty it is proper to send the case back for a re-hearing.
The…
2Cited by1 opinion
- Holmes v. Westvaco Corp.Court of Appeals of South Carolina · 1986