Simmons v. Roanoke City Mills
Supreme Court of South Carolina
Before WhatEy, J., Richland County Court, November, 1920. Action by Hugh E. Simmons and O. W. Hartness, partners as Hartness-Simmons Co., against Roanoke City Mills. From judgment for defendant on its counterclaim the plaintiffs appeal. cite: Judge erred in charge on implied warranty: 15 A. & E. Ene.
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Before WhatEy, J., Richland County Court, November, 1920. Action by Hugh E. Simmons and O. W. Hartness, partners as Hartness-Simmons Co., against Roanoke City Mills. From judgment for defendant on its counterclaim the plaintiffs appeal. cite: Judge erred in charge on implied warranty: 15 A. & E. Ene. L. 1231, 1229; 35 Cyc. 397, 418; 12 S. C. 586; 40 S. C. 31; 80 S. C. 292; 100 S. C. 389; 105 S. C. 273; 112 S. C: 422. Express warranty does not include implied warranty of fitness: 3 Brev. 63; 10 S. C. 164; 54 E. R. A. (N. S.) 900. cite: Silence of plaintiff when he should have spoken will be…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The facts are thus stated in the record:
“The purpose of the action was to obtain judgment against the defendant for the sum of $1,000 which the plaintiffs allege was due them by the defendant on account of the alleged breach of warranty as to certain meal which the plaintiffs purchased of the defendant on or about the 14th day of June, 1920. The plaintiffs alleged that on or about the 14th day of June, 1920, the defendant sold to them 625 sacks of unbolted meal which the defendant, by charging and receiving therefor a full price,…
2Cases cited1 opinion
- Walker, Evans Cogswell v. AyerSupreme Court of South Carolina · 1908
3Cited by2 opinions
- Rainey v. SimonSupreme Court of South Carolina · 1927
- Baltazzi v. McCormickSupreme Court of South Carolina · 1929