Computing Scales Co. v. Long
Supreme Court of South Carolina
Action by The Computing Scales Co. against J. W. Long. From judgment of Circuit Court, defendant appeals. cites : Motion to strike out at trial comes too late: C. C. Rule XX.; 11 S. C., 409 ; 12 S. C., 130; 52 S. C., 205; 50 S. C., 514. As to the right of defendant to rescind: 37 S. C., 18; 2 Rich., 40; 27 S. C., 376; 30 S. C., 15; 19 Ency.
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Action by The Computing Scales Co. against J. W. Long. From judgment of Circuit Court, defendant appeals. cites : Motion to strike out at trial comes too late: C. C. Rule XX.; 11 S. C., 409 ; 12 S. C., 130; 52 S. C., 205; 50 S. C., 514. As to the right of defendant to rescind: 37 S. C., 18; 2 Rich., 40; 27 S. C., 376; 30 S. C., 15; 19 Ency. P. & P., 38; 36 S. C., 66; 33 L. R. A., 103; Benj. on Sales, 6 Am. ed., 600, 603, 605; 66 Md., 391; 58 Md., 59; 21 Ency.,' 6, 49; 25 S. C., 136; 22 Ency., 270. As to infringement: 22 Ency., 459 ; 5 Pat. Off. Gaz., 491; 11 Fed. Cas., No. 242; 36 Fed. R.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, through its traveling salesman, Hardy, sold by written contract to defendant, on March étlr, 1897, computing scales for the price of forty dollars, payable ten days after shipment. The defendant duly received the scales, but after keeping them in his store for some days unopened, reshipped them to plaintiff’s address, and refused to pay the purchase money. The plaintiff then commenced this action for the contract price. By a consent order, the cause was referred to a referee, who sustained the defenses involved in this…
2Cases cited2 opinions
- Lessly v. BowieSupreme Court of South Carolina · 1887
- Bethune v. McDonaldSupreme Court of South Carolina · 1892
3Cited by5 opinions
- Mauldin v. MilfordSupreme Court of South Carolina · 1924
- Hatchell v. JacksonCourt of Appeals of South Carolina · 1986
- Brown v. ThompsonSupreme Court of South Carolina · 1908
- McDowell v. BurnettSupreme Court of South Carolina · 1912
- Loew's Inc. v. WolffDistrict Court, S.D. California · 1951