Gadsden v. Home Fertilizer & Chemical Co.
Supreme Court of South Carolina
Before DuVorS, J., Sumter, March, 1911. Action by Emanuel J. Gadsden against Home Fertilizer and Chemical Company. Defendant appeals. cite: Authority to collect is not implied from authority to sell: 87 S-. C. 194. No cause of action stated: 10 Rich.
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Before DuVorS, J., Sumter, March, 1911. Action by Emanuel J. Gadsden against Home Fertilizer and Chemical Company. Defendant appeals. cite: Authority to collect is not implied from authority to sell: 87 S-. C. 194. No cause of action stated: 10 Rich. Eq. 245. Measure of damages: 78 S. C. 427. cite: Person served was agent of defendant: Code of Proc. 155 ; 33 S. C. 609. Discretion referred to in section 195 Code of Procedure defined: 41 N. W. 1010; 16 Pac. 345; 62 N. E. 107, 1028; 29 N. Y. 418; 38 Atl. 626 ; 41 Atl. 934. Defendant in default has no right to move for new trial: 14 S. C. 431; 15…
1Opinion of the Court
The opinion of the Court was delivered 'by
Mr. Justice Hydrick.
This is an action for damages for breach of contract. In substance, the complaint alleges: That, on January 18, 1910, defendant sold plaintiff five tons of fertilizer at the price of $144.60; that plaintiff paid $6S.69, part of the agreed price, and defendant agreed to deliver the fertilizer at Claremont, but failed, after demand, to do so; that, relying upon defendant’s performance of the contract, plaintiff prepared bis land and made the other arrangements necessary to plant his crops of corn and cotton; 'but, by reason of…
2Cases cited5 opinions
- Gillian v. GillianSupreme Court of South Carolina · 1903
- Matheson v. Southern Ry.Supreme Court of South Carolina · 1908
- Towles Arnett v. Railroad Co.Supreme Court of South Carolina · 1909
- McMahon v. PughSupreme Court of South Carolina · 1902
- Wiggins v. StateSupreme Court of Georgia · 1897
3Cited by16 opinions
- Lee v. PeekSupreme Court of South Carolina · 1962
- Duncan v. DuncanSupreme Court of South Carolina · 1913
- Masters v. Rodgers Development Group, S. C., Inc.Court of Appeals of South Carolina · 1984
- Santerre v. SylvesterSupreme Court of Vermont · 1937
- Walker v. QuinnSupreme Court of South Carolina · 1926
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