Legal Opinion

Military Art Novelty Co. v. Fayonsky

Supreme Court of South Carolina

Decided January 26, 1920No. 10358PublishedCited by 2 opinions

Action by the Military Art Novelty Company against L. Fayonsky. Judgment for plaintiff, and defendant appeals. submit: That the defendant having set up in his answer the equitable defense of reformation of the contract, was entitled to the opinion of the Court upon the issues of fact and law, and the presiding Judge not having passed upon the question of fact raised by this defense or rendered any judgment or opinion of his own thereon, but-, on the contrary, simply left it…

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Action by the Military Art Novelty Company against L. Fayonsky. Judgment for plaintiff, and defendant appeals. submit: That the defendant having set up in his answer the equitable defense of reformation of the contract, was entitled to the opinion of the Court upon the issues of fact and law, and the presiding Judge not having passed upon the question of fact raised by this defense or rendered any judgment or opinion of his own thereon, but-, on the contrary, simply left it to the jury, it was error to enter judgment upon said-verdict: 16 S. C. 331; 12 S. C. 108; 9 S. C. 147; 11 S. C. 447; 21…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chile Justice Gary.

This is an action upon an account for goods sold and delivered by the plaintiff to the defendant, amounting to $454.76. A statement of the account attached to the complaint, shows an item for $215.41,'dated November 4, 1918; another item, dated November 8, 1918, for $139.10; and a third item, dated November 12, 1918, for $100.25.

The defendant’s answer is as follows:

1. “The defendant admits that on or about the first of November, 1918, he gave to the plaintiff three separate orders for goods, amounting severally to $215.41,…

2Cases cited4 opinions

  1. Hodges v. KohnSupreme Court of South Carolina · 1903
  2. Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
  3. Harris v. HarrisSupreme Court of South Carolina · 1916
  4. Slay v. GeorgeSupreme Court of Georgia · 1916

3Cited by2 opinions

  1. Knight v. BennettSupreme Court of South Carolina · 1924
  2. Blackwell v. FaucettSupreme Court of South Carolina · 1921

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