Legal Opinion

Brooke v. Laurens Milling Co.

Supreme Court of South Carolina

Decided September 18, 1907No. 6660PublishedCited by 20 opinions

Before Purdy, J., Laurens, Action by Georg-e W. Brooke against Laurens Milling Co. From judgment for defendant, plaintiff appeals. cite: Defendant cannot now plead inferiority in grade after accepting corn: 34 S. C., 508; 37 S. C., 7. Parol evidence should have been admitted to explain the phrase, “West Nashville Public Elevator weights to be final”: 79 S. W., 363; 3 Current Law, 1348-9; 5 Current Law, 1322. Certificate of weights could not be varied by parol: 9 Cyc., 763.…

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Before Purdy, J., Laurens, Action by Georg-e W. Brooke against Laurens Milling Co. From judgment for defendant, plaintiff appeals. cite: Defendant cannot now plead inferiority in grade after accepting corn: 34 S. C., 508; 37 S. C., 7. Parol evidence should have been admitted to explain the phrase, “West Nashville Public Elevator weights to be final”: 79 S. W., 363; 3 Current Law, 1348-9; 5 Current Law, 1322. Certificate of weights could not be varied by parol: 9 Cyc., 763. Difference betzveen contract price, with freight and expenses added, and market price is measure of damages: 68 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiff and defendant in January, 1901, made a contract in writing, by which it was agreed plaintiff should sell and deliver to defendant, at specified times, “9,600-bushels, bulk, No. 2 white corn,” and defendant should pay for the corn in specific installments. The contract was in these words: “This witnesseth that George W. Brooke, of Atlanta, Ga., has this day sold to Laurens Milling Co., of Laurens, S. C., 9,600 bushels, bulk, No. 2 white corn, at per bushel, delivered at Laurens, S. C.; said corn to be stored with the…

2Cases cited12 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Sweeney v. United StatesSupreme Court of the United States · 1884
  3. Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
  4. Hardy v. RussellCourt of Appeals of Kentucky · 1918
  5. Kennedy v. PoorSupreme Court of Pennsylvania · 1892

7 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
  2. Southern Iron & Equipment Co. v. Bamberg, E. & W. Ry. Co.Supreme Court of South Carolina · 1929
  3. Southern Coal Co. v. RiceSupreme Court of South Carolina · 1923
  4. Jones v. Enoree Power Co.Supreme Court of South Carolina · 1912
  5. Alabama Chemical Co. v. International Agricultural Corp.Supreme Court of Alabama · 1926

15 more not listed; retrieve them via the Exa API.

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