O. H. Tolley & Co. v. Smith
Supreme Court of South Carolina
Before Wirson, J., Columbia, February, 1915. Action by O. H. Folley & Co. against W. E. Smith and J. P. Mehan as partners. From a judgment for plaintiff, defendants appeal. cites: On construction of contract': 98 S. C. 3; 79 S. C. 155.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
Appellant says, in part: “This action was brought by the plaintiff-respondent against defendant-appellant to recover for certain lumber alleged to have been sold and delivered to the defendant and for certain expenses necessarily incident thereto. * * * The answer contained, first, a general denial, and also a special defense. There was a verdict rendered in favor of the plaintiff for the full amount claimed, and, the Court declining to set aside the verdict and grant a new trial, this appeal was taken.”
1 1. “Exception No. 1…
2Cases cited2 opinions
- Fairly v. Wappoo MillsSupreme Court of South Carolina · 1895
- Cousar v. Heath, Witherspoon & Co.Supreme Court of South Carolina · 1908