Legal Opinion

Caldwell v. Duncan

Supreme Court of South Carolina

Decided December 6, 1910No. 7735PublishedCited by 13 opinions

Before Gage;, J., Barnwell. Action by Howard Caldwell against W. J. Duncan, W. H. Duncan, J. A. Koozer, L. W. Hill and H. C. Hay.

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Before Gage;, J., Barnwell. Action by Howard Caldwell against W. J. Duncan, W. H. Duncan, J. A. Koozer, L. W. Hill and H. C. Hay. From judgment for plaintiff, defendants appeal. cites: Options were the best evidence of the number of acres included therein: 75 S. C. 346; 60- S. C. 300'. It is error to attempt to coerce a jury into a verdict: 156 N. Y. 271. cite: It was not necessary to require the production of options: 43 S. C. 370'; 61 S. C. 292; 63 S. C. 78. Charge construed as a whole does not tend to coerce verdict: 86 S. C. 17; 74 S. C. 141.

1Opinion of the Court

December 6, 1910. The opinion of the Court was delivered by The complaint alleges that the defendants purchased from plaintiff certain options, which he had secured on timber rights on Upper Three Runs, in Aiken and Barnwell counties, under a written contract, dated July 31, 1907, whereby they agreed to save the plaintiff harmless from any claims and demands which W.D. Black had against him for procuring said options; that defendants knew, when they signed the contract, that Black had procured the options for plaintiff, and that plaintiff had agreed to pay him fifty cents an acre for his…

2Cases cited1 opinion

  1. Dover v. Lockhart MillsSupreme Court of South Carolina · 1910

3Cited by13 opinions

  1. Holland v. Spartanburg Herald-Journal Co.Supreme Court of South Carolina · 1932
  2. Coleman v. StevensSupreme Court of South Carolina · 1923
  3. State v. DrakefordSupreme Court of South Carolina · 1922
  4. Williams v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1934
  5. State v. ButlerOregon Supreme Court · 1919

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