Iler v. Jennings
Supreme Court of South Carolina
Before Gaige, J., Greenwood, Action by A. S. Iler against J. P. Jennings. Defendant appeals. cite: Whether a statement is a warranty is for the jury: 35 Cyc. 481. In an action on an express warranty, recovery cannot be had on an implied warranty: 2 McC. 167; 43 N. W, 99; 60 L. R. A. 311. There is no implied warrant in sale of stock: 44 S. C. 533; 72 S. C. 309; 30 Ency. 139; 62 S. E. 1076. Representations must have been made with intent to deceive: 21 Ency. 880, 896, 895; 1…
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Before Gaige, J., Greenwood, Action by A. S. Iler against J. P. Jennings. Defendant appeals. cite: Whether a statement is a warranty is for the jury: 35 Cyc. 481. In an action on an express warranty, recovery cannot be had on an implied warranty: 2 McC. 167; 43 N. W, 99; 60 L. R. A. 311. There is no implied warrant in sale of stock: 44 S. C. 533; 72 S. C. 309; 30 Ency. 139; 62 S. E. 1076. Representations must have been made with intent to deceive: 21 Ency. 880, 896, 895; 1 Cook Stock, sec. 355; 110 U. S. 7; 55 N. Y. 400; 53 S. C. 519; 12 Am. St. R. 488; 24 Am. St. R. 625; 10 Am. R. 551. cite:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic
On a former appeal in this case (87 S. C. 87), the Court held, quoting from the syllabus, that “any direct representation made by a director of a corporation as to its financial status, with a view of inducing a stranger to buy his capital stock of the corporation, and acted on by the buyer, whether the seller actually knew the facts were as represented or not, is an express warranty.” On that appeal, the evidence showed, as it does on this, that, when plaintiff approached defendant to buy his stock in the Gambrell Hardware Company,…
2Cases cited1 opinion
- Iler v. JenningsSupreme Court of South Carolina · 1910
3Cited by6 opinions
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Steele, Receiver v. KirvenSupreme Court of South Carolina · 1922
- Kimbrell v. TaylorSupreme Court of South Carolina · 1926
- Judson Mills v. NorrisSupreme Court of South Carolina · 1935
- Kimbrell v. TaylorSupreme Court of South Carolina · 1926
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