Oxweld Acetylene Co. v. Davis
Supreme Court of South Carolina
Before Sfasf, J., Baurens, May, 1920. Action by Oxweld Acetylene Co. against S. J. Davis. Prom a directed verdict for plaintiff the defendant appeals. cites: Duty of seller im breach of contract by buyer: 2 Benj. on Sales, Sec. 1165; 81 S. C. 10; 28 S. C. 230; 74 S. C. 206; 37 S. C. 7. Buyer never accepted goods: 85 S. C., 15 S. C. 123. Premature shipment was violation of contract: Cases on Contracts 384; Mechem Sales, Sec. 1004. cite: Proof of quality of other similar…
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Before Sfasf, J., Baurens, May, 1920. Action by Oxweld Acetylene Co. against S. J. Davis. Prom a directed verdict for plaintiff the defendant appeals. cites: Duty of seller im breach of contract by buyer: 2 Benj. on Sales, Sec. 1165; 81 S. C. 10; 28 S. C. 230; 74 S. C. 206; 37 S. C. 7. Buyer never accepted goods: 85 S. C., 15 S. C. 123. Premature shipment was violation of contract: Cases on Contracts 384; Mechem Sales, Sec. 1004. cite: Proof of quality of other similar plants admissible: 24 R. C. R. 163; 106 U. S. 342; 27 U. S. (R. Ed.) 100; L. R. A. 1915 B, 626. Urror, if any, was harmless:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
Action upon a written contract for the sale of a gaslighting outfit, to recover the agreed purchase price; the plaintiff alleging delivery in accordance with the contract and nonpayment by the defendant.
On March 26, 1918, the defendant signed a written order for a lighting outfit to be furnished by the plaintiff f. o. b. at its factory, for which he agreed to pay $243.75. The order was obtained by an agent of the plaintiff. He promptly forwarded it to the home office, where it' was duly accepted by the plaintiff on March 30th. On…
2Cases cited5 opinions
- Virginia-Carolina Chemical Co. v. MooreSupreme Court of South Carolina · 1901
- Coates & Sons v. EarlySupreme Court of South Carolina · 1896
- Burwell & Dunn Co v. ChapmanSupreme Court of South Carolina · 1901
- Moneyweight Scale Co. v. Gordon Mercantile Co.Supreme Court of South Carolina · 1915
- The Seneca Co. v. CrenshawSupreme Court of South Carolina · 1911
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- Yancey v. Southern Wholesale Lumber Co.Supreme Court of South Carolina · 1925
- J. B. Colt Co. v. HallmanSupreme Court of South Carolina · 1922
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