Atlantic Phosphate Co. v. Sullivan
Supreme Court of South Carolina
Before Izlar, J., Greenville, Action by Atlantic Phosphate Company against John D. Sullivan. The charge to the jury was as follows : This action was brought by the plaintiff to recover the value of one hundred tons of fertilizers alleged to have been sold and delivered by the plaintiff to Mr. John D.‘Sullivan, the defendant, and for which, it is alleged, he has not paid. The defendant admits the corporation of the plaintiff.
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Before Izlar, J., Greenville, Action by Atlantic Phosphate Company against John D. Sullivan. The charge to the jury was as follows : This action was brought by the plaintiff to recover the value of one hundred tons of fertilizers alleged to have been sold and delivered by the plaintiff to Mr. John D.‘Sullivan, the defendant, and for which, it is alleged, he has not paid. The defendant admits the corporation of the plaintiff. But while he admits that he received the one hundred tons of fertilizers, he sets it up, by way of defence, that he was induced by the plaintiff to get two hundred…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIvee.
The action in this case was to recover fyom defendant the amount claimed to be due plaintiff for one hundred tons of commercial fertilizers alleged to have been sold and delivered by plaintiff to defendant. The complaint, amongst other things, contains an allegation that this sale was made under a written agreement, a copy of which is set out in the “Case.” This agreement was executed by G. Walter Mclver, the travel-ling agent of the plaintiff, and by the defendant, on the 12th of January, 1888, the terms of which will be hereinafter…
2Cited by2 opinions
- Foltz v. EvansIndiana Court of Appeals · 1943
- Nilson v. DowlingSupreme Court of South Carolina · 1931