Marlboro Cotton Mills v. Moore
Supreme Court of South Carolina
Before Moore, J., Marlboro, Spring term, 1919. Action by Marlboro Cotton Mills against B. E. Moore. Erom judgment for plaintiff, the defendant appeals. cite: Testimony as to speculator’s means competent for purpose of showing whether he intended to gamble on contracts: 8 A. & E. Enc. R. 1010, note 3; 97 Pa. St. 202; 89 Pa. St. 20; 3 S. W. Rep. 152; 7 Biss. (C. C.) 338. Facts that goods were sold “short” some evidence of intent: 8 A. & E. Enc.
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Before Moore, J., Marlboro, Spring term, 1919. Action by Marlboro Cotton Mills against B. E. Moore. Erom judgment for plaintiff, the defendant appeals. cite: Testimony as to speculator’s means competent for purpose of showing whether he intended to gamble on contracts: 8 A. & E. Enc. R. 1010, note 3; 97 Pa. St. 202; 89 Pa. St. 20; 3 S. W. Rep. 152; 7 Biss. (C. C.) 338. Facts that goods were sold “short” some evidence of intent: 8 A. & E. Enc. Raw 1011. Intention to comply necessary: 1 Civ. Code, sec. 3421. Insolvency at or about time of contract is competent: 26 S. E. 48; 20 S. E. 405.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Eraser.
This is an action for damages for failure to deliver 200 bales of cotton under a contract for future delivery. On the 20th day of May, 1916, the defendant agreed to deliver to C. E. Exum 200 bales of cotton on or before the 1st day of November, 1916. There was a very considerable advance in the price of cotton between the date of the contract and the date of delivery, to wit, a little more than six cents per pound. In the summer of 1916, Mr. Exum was in financial trouble, and admitted that he could not pay his debts. Eive days after…
2Cases cited1 opinion
- Gwathmey & Co. v. BurgessSupreme Court of South Carolina · 1917
3Cited by1 opinion
- McLure v. WilsonCourt of Appeals for the Fourth Circuit · 1923