Suber v. Richards
Supreme Court of South Carolina
Before Buchanan, J., Newberry, February, 1900. Action for balance due on purchase money of land by Leila H. Súber against J. Berry Richards, administrator of Jno. -C. Richards.
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Before Buchanan, J., Newberry, February, 1900. Action for balance due on purchase money of land by Leila H. Súber against J. Berry Richards, administrator of Jno. -C. Richards. From judgment for plaintiff, defendant appeal-s. cite: No such performance as would take the case out of the statute: 27 S. C., 621, 363; 21 S. C., 492. Letter is insufficient to take it out of statute: 27 S. C:, 363, 621; 33 S. C., 382; 36 S. C., 549. Letter does not contain sufficient elements of new promise to revive a barred debt: 13 Ency., 1 ed., 756-7; 24 Am. R., 187; 51 Am. St. R., 744; 58 Am. St. R., 747; 55…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The action herein was upon the following complaint:
“I. That heretofore she sold to John C. Richards, to wit: in January of the-year 1878, the interest that she had in the real estate of her late father, Berry Richards, at and for -the sum of $750. That thereafter, on the 6th of February, 1878, the said John C. Richards paid her on the said debt the sum of $200.
“II. That the defendant, J. Berry Richards, has been duly appointed the administrator of the estate of the said John C. Richards, "who since the times hereinbefore mentioned,…
2Cases cited4 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
3Cited by5 opinions
- Smith v. WilliamsSupreme Court of South Carolina · 1927
- American Wholesale Corp. v. MauldinSupreme Court of South Carolina · 1924
- Walker v. PreacherSupreme Court of South Carolina · 1938
- Fanning v. BogackiSupreme Court of South Carolina · 1919
- Coward v. BoydSupreme Court of South Carolina · 1908