Brooke v. Laurens Milling Co.
Supreme Court of South Carolina
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
- Roehm v. HorstSupreme Court of the United States · 1900
- Sweeney v. United StatesSupreme Court of the United States · 1884
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- Hardy v. RussellCourt of Appeals of Kentucky · 1918
- Kennedy v. PoorSupreme Court of Pennsylvania · 1892
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