Legal Opinion

Heyward-Williams Co. v. Zeigler

Supreme Court of South Carolina

Decided February 10, 1917No. 9620PublishedCited by 2 opinions

Before Rice, J., Barnwell, July, 1916. Action by the Heyward-Williams Company against P. J. Zeigler and another. Judgment for plaintiff, and defendants appeal. cite: As to verification of amended, reply: Code Civ. Proc., sec. 206; 37 S. C. 413; 73 S. C. 193; 57 Fed. 186; 129 Fed. 792. Affirmative defense to counterclaim: Code Civ.

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Before Rice, J., Barnwell, July, 1916. Action by the Heyward-Williams Company against P. J. Zeigler and another. Judgment for plaintiff, and defendants appeal. cite: As to verification of amended, reply: Code Civ. Proc., sec. 206; 37 S. C. 413; 73 S. C. 193; 57 Fed. 186; 129 Fed. 792. Affirmative defense to counterclaim: Code Civ. Proc., sec. 212. Application of payments: 123 N. C. 538; 32 S. C. 277; 70 S. C. 489. Mr. Vincent cites: As to application of payments: 8 S. C. Eq. 430; 19 S. C. Eq. 66; 31 S. E. 819. Notes admitted: 24 S. E. 74; 79 S. C. 578. Direction of verdict: 157 U. S. 154; 195…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Gary.

This is an action on three promissory notes executed by the defendants, on the 9th day of March, 1914, in the respective sums of $801.90, $1,055, and $1,000, payable to the plaintiff. On the same day the plaintiff addressed to the defendants a proposed contract, which was accepted by them, as appears by the following indorsement thereon:

“Your offer is hereby accepted upon the terms and conditions in this contract. Mrs. Virginia S. Zeigler, P. J. Zeigler.”

The contract contains the following provisions:(1) “For the season ending…

2Cases cited2 opinions

  1. McSween v. WindhamSupreme Court of South Carolina · 1916
  2. Pittman Bros. v. RaysorSupreme Court of South Carolina · 1897

3Cited by2 opinions

  1. Tucker v. HudgensSupreme Court of South Carolina · 1925
  2. Little v. RiversSupreme Court of South Carolina · 1936

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