Wilson v. Trexler
Supreme Court of South Carolina
Before Moore, J., Bishopville, Spring term, 1915. Action by Edwin Wilson against Harry C. Trexler and others, partners as the Trexler Lumber Company. Judgment for defendants, and plaintiff appeals. cites: As to bailments: 2 Rich. L. 46. Minimising damages: 98 S. C. 343. Punitive damages: 65 S. C. 42. cite: Damages: 96 S. C. 176; 98 S. C. 343; 90 S. C. 507. Bailees: 27 S. C. 305. Wilfulness: 90 S. C. 512.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The facts which gave rise to this controversy are fully stated in Trexler Lumber Co. v. Wilson, 96 S. C. 176, 80 S. E. 271. In that case it was adjudicated that the lumber company had the right to retain possession of the lumber, pending the litigation, after Wilson’s refusal of their offer to return it to him, upon payment of the amount advanced thereon by them and the freight and unloading charges.
When that litigation was ended, and the lumber was delivered to Wilson, it was found to be in a damaged condition, by reason of the…
2Cases cited1 opinion
- Trexler Lumber Co. v. WilsonSupreme Court of South Carolina · 1913