Thomas Drug Store v. National Surety Co.
Supreme Court of South Carolina
Before Wilson, J., Columbia, February, 1915. Suit by the Thomas Drug Store against the National Surety Company. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: As to performance of contract: 69 S. C. 303; Code Civ.
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Before Wilson, J., Columbia, February, 1915. Suit by the Thomas Drug Store against the National Surety Company. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: As to performance of contract: 69 S. C. 303; Code Civ. Proc., sec. 212; 9 Cyc. 719. Fffect of variation in terms of contract of suretyship: 23 S. C. 590; 37 S. C. 181; 51 S. C. 59; 74 S. C. 251; 21 R. R. A. 115; 9 Wheaton 703; Stearns, Suretyship, sec. 72; 32 Cyc. 177-182; 10 S. C. 197 and 235; 41 S. C. 217; 32 S. C. 238; 76 S. C. 561; 69 S. C. 70. Waiver: 63 S. C. 188; 69 S. C. 304. Rule of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is a suit on a bond given by the defendant to secure this contract:
“American Manufacturing Company, of Chicago, 111.,' Lexington, Tenn. — Gentlemen: Please reserve and ship to us at your earliest convenience, f. o. b. factory, your automobile, 16 dinner sets and advertising matter, described on this and reverse side, in payment for which we hereby hand you our eight notes for $1,800, payable to your order. Our last twelve months sales were $30,000. Our next twelve months sales are to be $50,000. If this order is not approved the…
2Cited by3 opinions
- Hill v. Broad River Power Co.Supreme Court of South Carolina · 1929
- McIntyre v. United Five Cent & Ten Cent Stores, Inc.Supreme Court of South Carolina · 1934
- Smith v. Oliver Motor Co.Supreme Court of South Carolina · 1935