Mendelsohn v. Banov
Supreme Court of South Carolina
Before Klugh, J., Charleston, April, 1899. Action by I. M.- Mendelsohn against Banov and Volaski. Defendants are appellants.
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Before Klugh, J., Charleston, April, 1899. Action by I. M.- Mendelsohn against Banov and Volaski. Defendants are appellants. On main question: 41 Vt., 54; 3 S. C., 298; 33 S. C., 241; 28 S. C., 175. Oral demurrer will not lie to answer: Code, 174, 177; 16 S. C., 545; 29 S. C., 130; 30 s, C., 172. As to oral demurrer to answer: Code, 174; 16 S. C., 541. On main question: Rev. Stat., 2151; 5 Gray, 41; 2 M. & W., 248; 6 Exch., 130; 16 Conn., 246; 31 Ohio St. R., 586; 145 Mass., 361. As to the matter of defense: Code, 170, 171.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Appellants seek to reverse an order sustaining a demurrer to their answer herein. The complaint was on a quantum meruit for services performed by the plaintiff for defendants. The answer, among others, set up the following, both by way of defense and as a counterclaim : “That on or about the 1st day of July, 1897, a verbal agreement was entered into between the plaintiff and these defendants, who were then and are now merchant tailors, whereby the plaintiff was to perform the services of ‘cutter’ for the term of one year from the 1st…
2Cases cited1 opinion
- Washburn v. New York & Vermont Mining Co.Supreme Court of Vermont · 1868
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- Globe Indemnity Co. v. Cooper Motor Lines, Inc.Supreme Court of South Carolina · 1945
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