Simmons Manufacturing Co. v. Whitton Automotive Parts Co.

The opinion of the Court was delivered by

Mr. Justice; Cothran.

This is an appeal from an order of his Honor Judge Whaley, of the County Court of Richland County, striking out the defendant’s answer as sham and frivolous and awarding judgment in favor of the plaintiff.

The action was commenced on June 18, 1927, and the answer was served on June 28, 1927. The cause of action was a draft of the plaintiff upon the defendant for $440.20, dated April 8, 1927, payable June 5, 1927, and accepted by the defendant on April 23, 1927.

The answer denied the corporate capacity of the plaintiff; admits the…